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LEGAL PROFESSION ACT 2006 - SECT 418 Complainant and person complained about to be told about action taken

LEGAL PROFESSION ACT 2006 - SECT 418

Complainant and person complained about to be told about action taken

    (1)     If a complaint is made about a person, the relevant council must—

        (a)     tell the complainant in writing that it has received the complaint; and

        (b)     tell the complainant and the person in writing about the action it has taken in relation to the complaint.

    (2)     Without limiting subsection (1), the relevant council must tell the complainant and the person about whom the complaint is made, in writing, about any of the following decisions made by it:

        (a)     a decision to dismiss the complaint;

        (b)     a decision to make an application to the ACAT under part 4.7 in relation to the complaint;

        (c)     a decision to refer a matter to the Supreme Court under section 409 (Referral of matters for costs assessment—complaint investigation) in relation to the complaint;

        (d)     a decision to take action under section 413 (Summary conclusion of complaint procedure by fine etc);

        (e)     a decision to omit, from the allegations particularised in an application made by it to the ACAT for an order under part 4.7 in relation to the person about whom a complaint is made, matter that was originally part of the complaint.

    (3)     For a decision by the relevant council to dismiss a complaint, the right of the complainant, under section 416 (1), to appeal to the ACAT against a decision of the relevant council to dismiss the complaint must be included in the notice to the complainant.

    (4)     A notice under this section is taken to be a reviewable decision notice.

    (5)     This section does not apply in relation to an official complaint.