Western Australian Current Acts Western Australian Current Acts (1) A complainant may
at any time between the lodging of the relevant complaint and the final
disposal of that complaint under this Division withdraw that complaint by
notice in writing served on the Commissioner.
(2) If, in the opinion
of the Commissioner, a complainant is not pursuing, or has abandoned, the
relevant complaint, the Commissioner may by warning in writing served on the
complainant advise the complainant that that complaint will, unless within a
period of 21 days after that service the complainant serves on the
Commissioner notice in writing that the complainant wishes the Commissioner to
continue to investigate or otherwise deal with that complaint under this
Division, lapse at the end of that period.
(3) If a person on
whom a warning is served by the Commissioner under subsection (2) does not
within the period of 21 days after that service serve on the Commissioner
notice referred to in that subsection, the relevant complaint lapses at the
end of that period.
(4) If a complaint
—
(a) is
withdrawn under subsection (1); or
(b)
lapses under subsection (3),
the complaint shall
not be pursued afresh unless —
(c) the
person seeking to pursue the complaint afresh satisfies the Commissioner that
there is good cause for that pursuit to take place; and
(d) that
pursuit takes place within a period of 6 months from the withdrawal or lapse
of the complaint.
(5) Notwithstanding
anything in this section, if the Commissioner is satisfied within the meaning
of subsection (4)(c) in respect of a complaint, the person seeking to pursue
the complaint afresh may do so without lodging another complaint under
section 83.
[Section 83A inserted: No. 74 of 1992 s. 26.]