AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 430

Practitioner to be notified of complaint

(1)  The Board is to ensure that, as soon as practicable after a complaint is made, written notice of the making of the complaint, the nature of the complaint and the identity of the complainant is given to the Australian legal practitioner about whom the complaint is made.
(1A)  Subsection (1) does not apply if the complaint is summarily dismissed by the Board in any of the prescribed circumstances.
(2)  Subsection (1) does not apply if the Board is of the opinion that the giving of the notice will or is likely to –
(a) prejudice the investigation of the complaint; or
(b) prejudice an investigation by the police or other investigatory or law enforcement body of any matter with which the complaint is concerned; or
(c) place the complainant or another person at risk of intimidation or harassment; or
(d) prejudice pending court proceedings.
(3)  In a case in which subsection (2) applies, the Board –
(a) may postpone giving the practitioner a copy of the complaint and notice about making submissions, until of the opinion that it is appropriate to do so; or
(b) may at its discretion –
(i) notify the practitioner of the general nature of the complaint; and
(ii) inform the practitioner of the practitioner's right to make submissions specifying the period within which submissions must be made, if of the opinion that the practitioner has sufficient information to make submissions.
(4)  The notice must also inform the practitioner of any action already taken by the Board in relation to the complaint.
(5)  The notice must also inform the practitioner of the practitioner's right to make submissions to the Board, unless the Board advises the practitioner that it has dismissed or intends to dismiss the complaint.
(6)  Nothing in this section requires the Board to give written notice under this section to the practitioner until the Board has had time to consider the complaint, seek further information about the complaint from the complainant or otherwise undertake preliminary inquiries into the complaint, and properly prepare the notice.



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