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s 37

Power to dismiss certain complaints

In force
Part 4Complaints and disciplinary proceedings
Division 2Complaints

37 Power to dismiss certain complaints

(1)

The Board may dismiss a complaint if the Board is satisfied that the complaint—

(a)

is frivolous or vexatious or otherwise lacking in merit, or

(b)

is a complaint in respect of a matter that has already been dealt with as a complaint under this Part, or

(c)

is trivial in nature.

(2)

The Board may dismiss a complaint under this section without having investigated the complaint under this Part, or following an investigation of the complaint under this Part. The Board is not required to investigate a complaint that has been dismissed under this section.

(3)

The Board is to notify the architect and complainant concerned of the dismissal of a complaint under this section.

(4)

If the Board dismisses a complaint under this section, the Board may also issue a caution to the architect against whom the complaint was made in respect of the matter complained of.

(5)

A person who makes a complaint or the architect against whom a complaint is made may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Board to dismiss the complaint under this section.

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