Background Part 3 - Complaints Section 65 – Commission rules as to practice and procedure
174.This section amends section 32, and replaces paragraphs 1 and 2 of schedule 3, of the 2007 Act (which set out the rules to be made by the Commission as to practice and procedure).
175.The changes to schedule 3 ensure that the Commission’s rules under section 32 include matters which must, and matters which may, be provided for in consequence of other provision made in Part 3 of the Act. For example, the rules must include provision about the criteria to be met for a complaint to be considered eligible, how a complaint is to be assessed with reference to the eligibility criteria, how a complaint is to be categorised, assessing whether to initiate a conduct or regulatory complaint, the circumstances in which the Commission may discontinue or reinstate the investigation of a complaint, the manner in which a services complaint is to be investigated and determined, the timing and manner in which the Commission is to notify parties of its decisions (including with respect to circumstances where a services complaint additionally constituted a conduct complaint or regulatory complaint), evidential matters, notification requirements, membership of the review committee, determining the annual general levy and the payment of the complaint levy.
176.Section 32 is adjusted to ensure that the Commission, before making or changing the rules, also consults with the independent advisory panel established under paragraph 11A of schedule 1 of the 2007 Act and other groups of persons representing the interests of the legal profession.