(1)  A complaint may be made about conduct of an Australian legal practitioner irrespective of when the conduct is alleged to have occurred.

(2)  However, a complaint cannot be dealt with (otherwise than to dismiss it) if the complaint is made more than 3 years after the conduct is alleged to have occurred, unless the Board determines that –

(a) it is just and fair to deal with the complaint having regard to the delay and the reasons for the delay; and

(b) the complaint is capable of amounting to an allegation of professional misconduct and it is in the public interest to deal with the complaint.

(3)  A determination made under subsection (2) is final and cannot be challenged in any proceedings by the complainant or the Australian legal practitioner concerned.