sec.435Referral by commissioner to law society or bar association

### sec.435 Referral by commissioner to law society or bar association This section applies if— a complaint is received by the commissioner and is not dismissed under section 430 (2) (b) or 432 or withdrawn under section 433 ; or a complaint is withdrawn under section 433 but the commissioner has continued to investigate the matter on the commissioner’s own initiative; or the commissioner believes that an investigation about a matter (an investigation matter ) should be started into the conduct of an Australian legal practitioner, law practice employee or unlawful operator. The commissioner may refer the complaint or the investigation matter to the relevant regulatory authority. The referral may state a date by which the regulatory authority is to report to the commissioner about the complaint or investigation matter and directions to the authority about the way in which the authority is to conduct the investigation. The commissioner may extend the date for the report but may require the authority to give the commissioner an interim report. At any time while the regulatory authority is carrying out its investigation, including after the commissioner is given an interim report, the commissioner may give directions or further directions about the way in which the authority is to conduct the investigation. s 435 amd 2022 No. 13 s 22 (sec.435-ssec.1) This section applies if— a complaint is received by the commissioner and is not dismissed under section 430 (2) (b) or 432 or withdrawn under section 433 ; or a complaint is withdrawn under section 433 but the commissioner has continued to investigate the matter on the commissioner’s own initiative; or the commissioner believes that an investigation about a matter (an investigation matter ) should be started into the conduct of an Australian legal practitioner, law practice employee or unlawful operator. (sec.435-ssec.2) The commissioner may refer the complaint or the investigation matter to the relevant regulatory authority. (sec.435-ssec.3) The referral may state a date by which the regulatory authority is to report to the commissioner about the complaint or investigation matter and directions to the authority about the way in which the authority is to conduct the investigation. (sec.435-ssec.4) The commissioner may extend the date for the report but may require the authority to give the commissioner an interim report. (sec.435-ssec.5) At any time while the regulatory authority is carrying out its investigation, including after the commissioner is given an interim report, the commissioner may give directions or further directions about the way in which the authority is to conduct the investigation. - (a) a complaint is received by the commissioner and is not dismissed under section 430 (2) (b) or 432 or withdrawn under section 433 ; or - (b) a complaint is withdrawn under section 433 but the commissioner has continued to investigate the matter on the commissioner’s own initiative; or - (c) the commissioner believes that an investigation about a matter (an investigation matter ) should be started into the conduct of an Australian legal practitioner, law practice employee or unlawful operator.