371Requirements—complaint investigations

371 Requirements—complaint investigations

371 Requirements—complaint investigations

(1) For the purpose of carrying out a complaint investigation in relation to a lawyer or law practice, an investigator may, by notice served on the lawyer or a legal practitioner associate of the law practice (as the case requires), require the lawyer or associate to do any one or more of the following—

(a) to produce, at or before a specified time and at a specified place, any specified document (or a copy of the document);

(b) to provide written information on or before a specified date (verified by statutory declaration if the requirement so states);

(c) to otherwise assist in, or cooperate with, the investigation of the complaint in a specified manner.

(2) For the purpose of carrying out a complaint investigation in relation to a lawyer or law practice, the investigator may, on production of evidence of his or her appointment, require any person (other than the lawyer) who has or had control of documents relating to the subject matter of the complaint to give the investigator either or both of the following—

(a) access to the documents relating to the affairs of the lawyer that the investigator reasonably requires;

(b) information relating to the affairs of the lawyer that the investigator reasonably requires (verified by statutory declaration if the requirement so states).

(3) A person who is subject to a requirement under subsection (1) or (2) must comply with the requirement.

Penalty: 50 penalty units.

(4) A requirement imposed on a person under this section is to be notified in writing to the person and is to specify a reasonable time for compliance.

(5) If a notice under subsection (1) is served on the lawyer or legal practitioner associate by the investigator personally, the investigator must produce evidence of his or her appointment for inspection at the time of service.

Note

Section 466 contains provisions relating to compliance with this section.