Western Australian Numbered Acts Western Australian Numbered Acts (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subject to this section, be withdrawn by the complainant.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 Complaints
Committee or the Law Complaints Officer.
(3) If a complaint is
withdrawn orally and the withdrawal is not confirmed in writing, the
Complaints Committee must —
(a) 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 Complaints
Committee.
(4) A complaint may be
withdrawn even though the Complaints Committee has commenced or completed an
investigation of the complaint, but cannot be withdrawn if the complaint has
been referred to the State Administrative Tribunal.
(5) If a complaint is
made by a person other than the Attorney General, the Board or the Executive
Director of the Law Society, a further complaint about the matter that is the
subject of the withdrawn complaint cannot be made unless the Complaints
Committee is satisfied that it is appropriate to do so in the circumstances.
(6) If the complaint
is duly withdrawn, no further action is to be taken under this Part with
respect to the complaint unless the Complaints Committee is satisfied that
investigation or further investigation of the complaint is justified in the
particular circumstances.
(7) Withdrawal of a
complaint does not prevent —
(a) the
Attorney General, the Board or the Executive Director of the Law Society
making a complaint or further complaint about the matter 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withdrawn complaint (whether or not after investigation or further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 made with respect 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.