LEGAL PROFESSION ACT 2004 - SECT 508 Practitioner to be notified of complaint

This legislation has been repealed.

LEGAL PROFESSION ACT 2004 - SECT 508

508 Practitioner to be notified of complaint

(1) The Commissioner, or the Council by which a complaint is made or to which a complaint is referred for investigation, is to ensure that as soon as practicable after the complaint is made the Australian legal practitioner about whom the complaint is made is given:

(a) a copy of the complaint, and

(b) a notice in writing informing the practitioner of the practitioner's right to make submissions to the Commissioner or Council and specifying the period within which submissions must be made, unless the Commissioner or Council advises the practitioner that the Commissioner or Council has dismissed or intends to dismiss the complaint.

(2) Subsection (1) does not apply if the complaint is dismissed under section 511 (Summary dismissal of complaints).

(3) Subsection (1) does not apply if the Commissioner, after such consultation with the relevant Council as the Commissioner thinks appropriate in the circumstances, is of the opinion that the giving of the notice will or is likely to:

(a) prejudice the investigation of the complaint, or

(b) prejudice an investigation by the police or other investigatory or law enforcement body of any matter with which the complaint is concerned, or

(c) place the complainant or another person at risk of intimidation or harassment, or

(d) prejudice pending court proceedings.

(4) In a case in which subsection (3) applies, the Commissioner, or the Council by which a complaint is made or to which a complaint is referred for investigation:

(a) may postpone giving the practitioner a copy of the complaint and notice about making submissions, until of the opinion that it is appropriate to do so, or

(b) may at their discretion:

(i) notify the practitioner of the general nature of the complaint, and

(ii) inform the practitioner of the practitioner's right to make submissions to the Commissioner or Council, specifying the period within which submissions must be made, if of the opinion that the practitioner has sufficient information to make submissions.

(5) Nothing in this section requires the Commissioner or a Council to give written notice under this section to the practitioner until the Commissioner or Council has had time to consider the complaint, seek further information about the complaint from the complainant or otherwise undertake preliminary inquiries into the complaint, and properly prepare the notice.