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s 35I

Dismissal of complaint by council

In force
Part 5Proceedings—council and commissions
Division 5.3AExaminations and hearings—council

35I Dismissal of complaint by council

(1)

The council must dismiss a complaint if satisfied on reasonable grounds that—

(a)

any of the matters mentioned in section 35B (Early dismissal of complaint) apply to the complaint; or

(b)

the complaint has not been substantiated.

(2)

If the council dismisses a complaint, the council must prepare a report of its examination.

(3)

A report must—

(a)

set out the council’s findings on material questions of fact; and

(b)

refer to the evidence or other material on which those findings were based; and

(c)

set out the council’s reasons for dismissing the complaint.

(4)

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.

(5)

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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