QLDIn ForceAct
Legal Profession Act 2007
sec.436Commissioner investigating a complaint or investigation matter
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### sec.436 Commissioner investigating a complaint or investigation matter
The commissioner must investigate a complaint or an investigation matter if the commissioner is satisfied—
it is inconsistent with the public interest for the relevant regulatory authority to investigate the complaint or investigation matter; or
it is in the public interest for the commissioner to investigate the complaint or investigation matter.
Also, the commissioner must investigate a complaint or investigation matter that is not mentioned in subsection (1) but is not referred to a regulatory authority under section 435 (2) .
If the commissioner considers it appropriate to start or continue an investigation into a complaint or investigation matter that was referred to a regulatory authority under section 435 (2) , the commissioner may do so by giving a written notice of the commissioner’s decision to the authority.
A regulatory authority given a notice under subsection (3) must give to the commissioner all documents relating to the investigation into the complaint or investigation matter.
(sec.436-ssec.1) The commissioner must investigate a complaint or an investigation matter if the commissioner is satisfied— it is inconsistent with the public interest for the relevant regulatory authority to investigate the complaint or investigation matter; or it is in the public interest for the commissioner to investigate the complaint or investigation matter.
(sec.436-ssec.2) Also, the commissioner must investigate a complaint or investigation matter that is not mentioned in subsection (1) but is not referred to a regulatory authority under section 435 (2) .
(sec.436-ssec.3) If the commissioner considers it appropriate to start or continue an investigation into a complaint or investigation matter that was referred to a regulatory authority under section 435 (2) , the commissioner may do so by giving a written notice of the commissioner’s decision to the authority.
(sec.436-ssec.4) A regulatory authority given a notice under subsection (3) must give to the commissioner all documents relating to the investigation into the complaint or investigation matter.
- (a) it is inconsistent with the public interest for the relevant regulatory authority to investigate the complaint or investigation matter; or
- (b) it is in the public interest for the commissioner to investigate the complaint or investigation matter.