Withdrawal of complaints
479 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(1) A complaint may, subject to this section, be withdrawn by the complainant.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 Law Society or an officer or other representative of the Society.
(3) If a complaint is withdrawn orally and the complaint was made by a person other than the Society, the Society must:
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 Society;
unless the complainant has previously provided the Society with written confirmation of the withdrawal.
(4) A complaint may be withdrawn even though the Society has started or completed an investigation of the complaint, but cannot be withdrawn if proceedings in relation to the complaint have been started in the Disciplinary Tribunal.
(5) If a complaint is made by a person other than the Society, a further complaint about the matter that is the subject of the withdrawn complaint cannot be made unless the Society is satisfied it is appropriate to do so in the circumstances.
(6) If a complaint is properly withdrawn, no further action must be taken under this Chapter in relation to it, unless the Society is satisfied investigation or further investigation of it is justified in the particular circumstances.
Withdrawal of a complaint does not prevent:
(a) the Society making a complaint or further complaint about the matter that is the subject of the withdrawn complaint (whether or not after investigation or further investigation referred to in subsection (6)); or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 in relation to that matter.
(8) This section extends to the withdrawal of a complaint so far as it relates to some only or part only of the matters that form the subject of the complaint.
This Act’s bill:Explanatory statementSecond reading speech
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