Australian Capital Territory Current Acts

LEGAL PROFESSION ACT 2006 - SECT 399

    (1)     The relevant council for a person about whom a complaint is made may dismiss a complaint about the person if—

        (a)     further information is not given, or the complaint or further information is not verified, as required by the council under section 396 (Further information and verification—complaints); or

        (b)     the complaint is vexatious, misconceived, frivolous or lacking in substance; or

        (c)     the complaint was made more than 3 years after the conduct complained of is alleged to have happened, unless a decision is made under section 395 (2) (Complaints made more than 3 years after conduct) in relation to the complaint; or

        (d)     the conduct complained about has been the subject of a previous complaint that has been dismissed; or

        (e)     the conduct complained about is the subject of another complaint; or

        (f)     for a person who was an Australian legal practitioner—it is not in the public interest to deal with the complaint having regard to the fact that the name of the person has already been removed from any Australian roll in which the person was enrolled as a legal practitioner; or

        (g)     the complaint is not a complaint that the council has power to deal with.

    (2)     The relevant council may dismiss a complaint under this section without completing an investigation if, having considered the complaint, the council forms the view that the complaint requires no further investigation.