LEGAL PROFESSION ACT 2007 - SECT 437 Respondent to be notified of complaint or investigation matter

LEGAL PROFESSION ACT 2007 - SECT 437

437 Respondent to be notified of complaint or investigation matter

(1) The entity carrying out an investigation as mentioned in section 435 or 436 must ensure that written notice of the following is given to the respondent—

(a) the making of the complaint or the investigation into an investigation matter;

(b) the nature of the complaint or investigation matter;

(c) for a complaint, the identity of the complainant;

(d) action taken by the entity in relation to the complaint or investigation matter before giving the notice.

(2) Also, the notice must advise the respondent that he or she may make submissions to the entity by a stated date that is reasonable.

(3) However, subsection (1) does not apply if the entity believes giving the notice will or is likely to—

(a) prejudice the investigation of the complaint or investigation matter; or

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

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

(d) prejudice pending court proceedings.

(4) If the entity has a belief mentioned in subsection (3) , the entity—

(a) may postpone giving the respondent the written notice mentioned in subsection (1) until the entity believes it is appropriate to do so; or

(b) may give the respondent a written notice that states—

(i) the general nature of the complaint or investigation matter; and

(ii) if the entity believes the respondent has sufficient information to make submissions about the complaint or investigation matter—the respondent’s right to make submissions within a stated period.

(5) Nothing in this section requires the entity to give written notice to the respondent until the entity has had time to do the following to its satisfaction—

(a) consider the complaint or investigation matter;

(b) seek further information about the complaint from the complainant or otherwise seek further information about the investigation matter;

(c) otherwise undertake preliminary inquiries into the complaint or investigation matter;

(d) properly prepare the notice.