South Australian Current Acts South Australian Current Acts77C—Closure of whole or part of complaint
(1) At any stage after
receipt of a complaint, the Commissioner may close the complaint without
further consideration of its merits for any of the following reasons to the
extent they are applicable:
(a) the
complaint is vexatious, misconceived, frivolous or lacking in substance;
(b) the
complainant has not responded, or has responded inadequately, to a request for
further information or has unreasonably failed to cooperate in the
investigation or conciliation of the complaint;
(c) the
subject-matter of the complaint has been or is already being investigated,
whether by the Commissioner or another authority;
(d) the
subject-matter of the complaint would be better investigated or dealt with by
police or another investigatory or law enforcement body;
(e) the
subject-matter of the complaint is the subject of civil proceedings, except so
far as it is a disciplinary matter;
(f) the
complaint is not one that the Commissioner has power to deal with;
(g) the
Commissioner is satisfied that it is otherwise in the public interest to close
the complaint.
(2) A complaint may be
closed under this section without an investigation or without completing an
investigation.
(3) The Commissioner
is not required to give a complainant, a legal practitioner, a former
legal practitioner, a law practice or the Legal Services Commission an
opportunity to be heard or make a submission to the Commissioner before
determining whether or not to close a complaint under this section.
(4) The power to close
a complaint under this section extends to closure of part of a complaint.