AustLII Tasmanian Consolidated Acts

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LEGAL PROFESSION ACT 2007 - SECT 434

Withdrawal of complaints

(1)  A complaint may, subject to this section, be withdrawn by the complainant.
(2)  Withdrawal of a complaint may be effected by oral or written communication to the Board.
(3)  If a complaint is withdrawn orally and the complaint was made by a person other than the Board, the Board must –
(a) make a written record of the withdrawal; and
(b) give the complainant a copy of the record, or send a copy of it addressed to the complainant at the complainant's address last known to the Board –
unless the complainant has previously provided the Board with written confirmation of the withdrawal.
(4)  A complaint may be withdrawn even though the Board has commenced or completed an investigation of the complaint, but cannot be withdrawn if proceedings with respect to the complaint have been instituted in the Tribunal.
(5)  If a complaint is made by a person other than the Board, a further complaint about the matter that is the subject of the withdrawn complaint cannot be made unless the Board is satisfied that it is appropriate to do so in the circumstances.
(6)  If a complaint is duly withdrawn, no further action is to be taken under this Chapter with respect to the complaint, unless the Board is satisfied that investigation or further investigation of the complaint is justified in the particular circumstances.
(7)  Withdrawal of a complaint does not prevent –
(a) the Board making a complaint or further complaint about the matter that is the subject of the withdrawn complaint (whether or not after investigation or further investigation referred to in subsection (6) ); or
(b) action being taken on any other complaint duly made with respect to that matter.
(8)  This section extends to the withdrawal of a complaint so far as it relates to some of or part of the matters that form the subject of the complaint.



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