Where a statutory decision-maker has summarily dismissed a complaint, the decision-maker cannot subsequently resume investigation of that complaint without a valid new complaint being made. The decision-maker is functus officio in relation to the dismissed complaint.
The Legal Services Commissioner's power to summarily dismiss a disciplinary complaint under s 4.2.10(1)(f) of the Legal Profession Act 2004 (Vic) is available at any time during an investigation, not only before investigation commences. An email from a complainant requesting resumption of investigation of a dismissed complaint does not constitute a new complaint where it does not comply with the formal requirements of s 4.2.6. Once a complaint is summarily dismissed, the Commissioner is functus officio in relation to that complaint and cannot resume investigation without a valid new complaint.
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