LEGAL PROFESSION ACT 2004 - SECT 510 Preliminary assessment

This legislation has been repealed.

LEGAL PROFESSION ACT 2004 - SECT 510

510 Preliminary assessment

(1) When the Commissioner, or the Council to which a complaint is referred for investigation, is deciding whether or not to dismiss a complaint under section 511 (Summary dismissal of complaints), they may conduct a preliminary assessment of the complaint for the purpose of assessing the substance of the complaint.

(2) The Commissioner or Council may, in writing, appoint a suitably qualified person as an investigator to conduct the preliminary assessment of the complaint as agent of the Commissioner or Council. Such an appointment may be made generally (to apply for all complaints or for all complaints of a specified class) or for a specified complaint.

(3) The investigator is not bound by rules of evidence and may inform himself or herself on any matter in such manner as he or she thinks fit.

(4) Chapter 6 (Provisions relating to investigations), except Part 6.3 (Entry and search of premises), applies to a preliminary assessment under this section as if the assessment were a complaint investigation and the investigator conducting the assessment were an investigator conducting a complaint investigation.

(5) The investigator may terminate the preliminary assessment at any time and may make any recommendations the investigator considers appropriate.

(6) Any evidence or information obtained by the Commissioner or Council, or by the investigator, in the course of conducting the preliminary assessment may be used by the Commissioner or Council, or by an investigator appointed by them, in or in relation to any later investigation or consideration of the complaint.