Western Australian Current Acts Western Australian Current Acts (1) This section
applies if —
(a) a
person aggrieved by the Complaints Committee’s decision to dismiss a
complaint under the old Act made an application for a review of the decision
—
(i)
before commencement day to the State Administrative
Tribunal under section 435(1) of the old Act; or
(ii)
after commencement day under section 318(2);
and
(b) the
Tribunal has not made a final decision before commencement day.
(2) Section 435 of the
old Act applies to the application for a review of the Complaints
Committee’s decision as if that section were not repealed.
(3) If, under section
435(1) of the old Act as continued under subsection (2), the State
Administrative Tribunal sets aside the decision of the Complaints Committee to
dismiss the complaint under the old Act —
(a) the
complaint is taken, on and from commencement day, to have been made under the
Legal Profession Uniform Law (WA) section 266; and
(b) the
preliminary assessment of the complaint under the Legal Profession Uniform Law
(WA) section 276(1) is taken, on and from commencement day, to have been
completed; and
(c) the
complaint must otherwise be dealt with under the Legal Profession Uniform Law
(WA) Part 5.2.
(4) If, under section
435(1) of the old Act as continued under subsection (2), the State
Administrative Tribunal affirms the decision of the Complaints Committee to
dismiss the complaint under the old Act, the whole of the complaint is taken
to have ended under the Legal Profession Uniform Law (WA) section 277.