sec.170Complainant may withdraw complaint

### sec.170 Complainant may withdraw complaint This section applies if a complainant gives the commissioner written notice that the complainant does not want to continue with the complaint. The commissioner must— give the complainant a written notice stating that— the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and cease dealing with the complaint. If the complainant gives the commissioner a continuation notice within the relevant period, the commissioner must resume dealing with the complaint. If the complainant does not give the commissioner a continuation notice within the relevant period— the complaint lapses on the day after the relevant period ends; and the complainant can not make a further complaint relating to the act or omission the subject of the complaint. If a complaint lapses under subsection (4) , the commissioner must, as soon as practicable after the lapse, give the respondent written notice the complaint has lapsed. If the complaint is a representative complaint and the commissioner substitutes another class member as the complainant for the complaint under section 152 (2) — subsections (2) to (5) do not apply; and the commissioner must give the person seeking withdrawal of the complaint a written notice stating— the complaint has not been withdrawn; and that another class member has been substituted as the complainant for the complaint; and the person may opt out of the complaint under section 148 . s 170 sub 2013 No. 35 s 13 amd 2024 No. 47 s 37 (sec.170-ssec.1) This section applies if a complainant gives the commissioner written notice that the complainant does not want to continue with the complaint. (sec.170-ssec.2) The commissioner must— give the complainant a written notice stating that— the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and cease dealing with the complaint. (sec.170-ssec.3) If the complainant gives the commissioner a continuation notice within the relevant period, the commissioner must resume dealing with the complaint. (sec.170-ssec.4) If the complainant does not give the commissioner a continuation notice within the relevant period— the complaint lapses on the day after the relevant period ends; and the complainant can not make a further complaint relating to the act or omission the subject of the complaint. (sec.170-ssec.5) If a complaint lapses under subsection (4) , the commissioner must, as soon as practicable after the lapse, give the respondent written notice the complaint has lapsed. (sec.170-ssec.6) If the complaint is a representative complaint and the commissioner substitutes another class member as the complainant for the complaint under section 152 (2) — subsections (2) to (5) do not apply; and the commissioner must give the person seeking withdrawal of the complaint a written notice stating— the complaint has not been withdrawn; and that another class member has been substituted as the complainant for the complaint; and the person may opt out of the complaint under section 148 . - (a) give the complainant a written notice stating that— (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and - (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and - (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and - (b) cease dealing with the complaint. - (i) the complaint will lapse at the end of 28 days after the notice is given (the relevant period ) unless the complainant gives the commissioner another written notice (a continuation notice ) that the complainant intends to continue with the complaint; and - (ii) if the complaint lapses, the complainant can not make a further complaint relating to the act or omission the subject of the complaint; and - (a) the complaint lapses on the day after the relevant period ends; and - (b) the complainant can not make a further complaint relating to the act or omission the subject of the complaint. - (a) subsections (2) to (5) do not apply; and - (b) the commissioner must give the person seeking withdrawal of the complaint a written notice stating— (i) the complaint has not been withdrawn; and (ii) that another class member has been substituted as the complainant for the complaint; and (iii) the person may opt out of the complaint under section 148 . - (i) the complaint has not been withdrawn; and - (ii) that another class member has been substituted as the complainant for the complaint; and - (iii) the person may opt out of the complaint under section 148 . - (i) the complaint has not been withdrawn; and - (ii) that another class member has been substituted as the complainant for the complaint; and - (iii) the person may opt out of the complaint under section 148 .