South Australian Current Acts

LEGAL PRACTITIONERS ACT 1981 - SECT 77F

77F—Exceptions to requirement for notification of complaint

        (1)         Section 77D(1)(b) and (2)(a) do not require the Commissioner to give a legal practitioner or former legal practitioner a summary or details of a complaint or the reasons for an investigation or a notice about making submissions if the Commissioner reasonably believes that to do so will or is likely to—

            (a)         prejudice the investigation; or

            (b)         prejudice an investigation by the police or another investigatory or law enforcement body of any matter with which the Commissioner's investigation is concerned; or

            (c)         in the case of an investigation of a complaint—place the complainant or another person at risk of intimidation or harassment; or

            (d)         prejudice pending court proceedings.

        (2)         In that case, the Commissioner—

            (a)         may postpone giving the legal practitioner or former legal practitioner the summary or details and the notice until of the opinion that it is appropriate to do so; or

            (b)         may at his or her discretion give the legal practitioner or former legal practitioner the notice and a statement of the general nature of the complaint or reasons for investigation.

Subdivision 3—Action following investigation