South Australian Current Acts

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77C—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.

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