Preliminary assessment
477 Preliminary assessment
(1) If the Law Society is deciding whether or not to dismiss a complaint under section 478, the Society may conduct a preliminary assessment of the complaint for assessing the substance of the complaint.
(2) The Society may, in writing, appoint a suitably qualified person as an investigator to conduct the preliminary assessment of the complaint as its agent.
(3) The appointment may be made generally (to apply for all complaints or for all complaints of a specified class) or for a specified complaint.
(4) The investigator is not bound by rules of evidence and may inform himself or herself on any matter in the way the investigator considers appropriate.
(5) Chapter 6, except Part 6.3, applies to a preliminary assessment under this section as if:
the assessment were a complaint investigation; and
(b) the investigator conducting the assessment were an investigator conducting a complaint investigation.
(6) The investigator may terminate the preliminary assessment at any time and may make any recommendations the investigator considers appropriate.
(7) Any evidence or information obtained by the Society or investigator in the course of conducting the preliminary assessment may be used by the Society or investigator in relation to any later investigation or consideration of the complaint.
This Act’s bill:Explanatory statementSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.