QLDIn ForceAct
Legal Profession Act 2007
sec.434Commissioner may delay dealing with complaint
Start here
Get a plain-English read of sec.434
Turn the raw legal text into a practical explanation grounded in Legal Profession Act 2007.
### sec.434 Commissioner may delay dealing with complaint
The commissioner may delay dealing with a complaint for 1 or more of the following reasons—
the complainant has asked for a delay and the commissioner considers the request reasonable;
for a complaint about an Australian legal practitioner—the practitioner is under investigation in this jurisdiction or another jurisdiction and, under this Act or a corresponding law of that other jurisdiction, the practitioner’s name may be removed from the local roll or interstate roll;
the matter that is the subject of the complaint is being or about to be dealt with in another way;
if the complaint relates to a requirement under a claim farming provision—the person who is the subject of the complaint is also the subject of an investigation or proceeding under a claim farming scheme under another Act;
the commissioner considers that it is in the public interest to delay dealing with the complaint.
Subsection (1) applies despite sections 18 and 450 .
In this section—
claim farming scheme means—
the following provisions of the Motor Accident Insurance Act 1994 —
part 4 , division 2A ;
section 37AA , 37AB , 39A or 41A ;
part 5AA ;
the Workers’ Compensation and Rehabilitation Act 2003 , chapter 6B .
s 434 amd 2022 No. 13 s 21
(sec.434-ssec.1) The commissioner may delay dealing with a complaint for 1 or more of the following reasons— the complainant has asked for a delay and the commissioner considers the request reasonable; for a complaint about an Australian legal practitioner—the practitioner is under investigation in this jurisdiction or another jurisdiction and, under this Act or a corresponding law of that other jurisdiction, the practitioner’s name may be removed from the local roll or interstate roll; the matter that is the subject of the complaint is being or about to be dealt with in another way; if the complaint relates to a requirement under a claim farming provision—the person who is the subject of the complaint is also the subject of an investigation or proceeding under a claim farming scheme under another Act; the commissioner considers that it is in the public interest to delay dealing with the complaint.
(sec.434-ssec.2) Subsection (1) applies despite sections 18 and 450 .
(sec.434-ssec.3) In this section— claim farming scheme means— the following provisions of the Motor Accident Insurance Act 1994 — part 4 , division 2A ; section 37AA , 37AB , 39A or 41A ; part 5AA ; the Workers’ Compensation and Rehabilitation Act 2003 , chapter 6B .
- (a) the complainant has asked for a delay and the commissioner considers the request reasonable;
- (b) for a complaint about an Australian legal practitioner—the practitioner is under investigation in this jurisdiction or another jurisdiction and, under this Act or a corresponding law of that other jurisdiction, the practitioner’s name may be removed from the local roll or interstate roll;
- (c) the matter that is the subject of the complaint is being or about to be dealt with in another way;
- (d) if the complaint relates to a requirement under a claim farming provision—the person who is the subject of the complaint is also the subject of an investigation or proceeding under a claim farming scheme under another Act;
- (e) the commissioner considers that it is in the public interest to delay dealing with the complaint.
- (a) the following provisions of the Motor Accident Insurance Act 1994 — (i) part 4 , division 2A ; (ii) section 37AA , 37AB , 39A or 41A ; (iii) part 5AA ;
- (i) part 4 , division 2A ;
- (ii) section 37AA , 37AB , 39A or 41A ;
- (iii) part 5AA ;
- (b) the Workers’ Compensation and Rehabilitation Act 2003 , chapter 6B .
- (i) part 4 , division 2A ;
- (ii) section 37AA , 37AB , 39A or 41A ;
- (iii) part 5AA ;