LEGAL PROFESSION ACT 1987 - SECT 140 Withdrawal of complaints

This legislation has been repealed.

LEGAL PROFESSION ACT 1987 - SECT 140

140 Withdrawal of complaints

(1) A complaint may, subject to this section, be withdrawn by the person who made it unless proceedings with respect to the complaint have been instituted in the Tribunal.

(2) If the complaint was made to the Commissioner, the withdrawal of the complaint is not effective unless notice in writing of the withdrawal is given by the complainant to the Commissioner or to the Council to which the complaint has been referred.

(3) The Commissioner or the Council to which the complaint has been referred may reject the withdrawal of the complaint if satisfied that it may involve unsatisfactory professional conduct or professional misconduct.

(4) If a complaint is duly withdrawn, no further action is to be taken under this Part with respect to the complaint.

(5) The withdrawal of a complaint does not prevent:

(a) a further complaint being made under this Part, by the same or any other person, with respect to the matter the subject of the withdrawn complaint, or

(b) action being taken on any other complaint made with respect to that matter.