New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 277

277 Closure of whole or part of complaint after preliminary assessment

(1) At any stage after the preliminary assessment of a complaint, the designated local regulatory authority may close the complaint without further consideration of its merits for any of the following reasons to the extent they are applicable--

(a) the complaint is vexatious, misconceived, frivolous or lacking in substance;

(b) the complaint was made out of time;

(c) the complainant has not responded, or has responded inadequately, to a request for further information;

(d) the subject matter of the complaint has been or is already being investigated;

(e) the subject matter of the complaint would be better investigated or dealt with by police or another investigatory or law enforcement body;

(f) the designated local regulatory authority has made a recommendation under section 82(4) in relation to the lawyer concerned;

(g) the subject matter of the complaint is the subject of civil proceedings, except so far as it is a disciplinary matter;

(h) the designated local regulatory authority, having considered the complaint, forms the view that the complaint requires no further investigation, except so far as it is a consumer matter;

(i) the complaint is not one that the designated local regulatory authority has power to deal with;

(j) the designated local regulatory authority is satisfied that it is otherwise in the public interest to close the complaint.

(2) After the preliminary assessment of a complaint made by a commercial or government client, the designated local regulatory authority must immediately close the complaint without further consideration of its merits unless it contains or gives rise to a disciplinary matter.

Note: Section 268(3) precludes a commercial or government client from obtaining relief under this Chapter in relation to a consumer matter.

(3) A complaint may be closed under this section without any investigation or without completing an investigation.

(4) The designated local regulatory authority is not required to give a complainant, a lawyer or law practice an opportunity to be heard or make a submission to the designated local regulatory authority before determining whether or not to close a complaint under this section.

(5) The power to close a complaint under this section extends to closure of part of a complaint.