LEGAL PROFESSION ACT 2006 - SECT 400 Withdrawal of complaints
LEGAL PROFESSION ACT 2006 - SECT 400
Withdrawal of complaints(1) A complaint under this chapter may, subject to this section, be withdrawn by the complainant.
(2) Withdrawal of a complaint may be made by oral or written communication to the relevant council.
(3) If a complaint is withdrawn orally and the complaint was made by a person other than a council, the relevant council must—
(a) make a written record of the withdrawal; and
(b) give the complainant a copy of the record, or send a copy of it addressed to the complainant at the last address of the complainant known to the council.
(4) Subsection (3) does not apply if the complainant has previously given the relevant council written confirmation of the withdrawal.
(5) A complaint may be withdrawn even though the relevant council has started or finished an investigation of the complaint.
(6) If a complaint is made by a person other than a council, a further complaint about the matter that is the subject of the withdrawn complaint cannot be made unless the relevant council is satisfied that it is appropriate to make a further complaint in the circumstances.
(7) If a complaint is properly withdrawn, no further action may be taken under this part in relation to the complaint, unless the relevant council is satisfied that investigation or further investigation of the complaint is justified in the particular circumstances.
(8) Withdrawal of a complaint does not prevent—
(a) a council making a complaint or further complaint about the matter that is the subject of the withdrawn complaint (whether or not after investigation or further investigation mentioned in subsection (7)); or
(b) action being taken on any other complaint properly made in relation to the matter.
(9) This
section extends to the withdrawal of a complaint so far as it relates to some
only or part only of the matters that form the subject of the complaint.