Dismissal of complaint by council
35I Dismissal of complaint by council
The council must dismiss a complaint if satisfied on reasonable grounds that—
any of the matters mentioned in section 35B (Early dismissal of complaint) apply to the complaint; or
the complaint has not been substantiated.
If the council dismisses a complaint, the council must prepare a report of its examination.
A report must—
set out the council’s findings on material questions of fact; and
refer to the evidence or other material on which those findings were based; and
set out the council’s reasons for dismissing the complaint.
The council must give a copy of the report to the judicial officer concerned and, in the case of notice by a member of the Legislative Assembly, to the member.
The council may give a copy of the report, or a summary of the report, to the complainant.
Note For how documents may be given, see the Legislation Act, pt 19.5.
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