Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if the tribunal is considering an application for occupational discipline against a person (the subject person ).
(2) The tribunal may make an order for occupational discipline in relation to the subject person if satisfied that a ground for occupational discipline exists against the person.
(3) In considering what occupational discipline to use against the subject person, the tribunal must consider the following:
(a) whether the person took reasonable steps to avoid the action (the contravention ) that is the ground for occupational discipline;
(b) whether occupational discipline has previously been used against the person for a similar act;
(c) whether the person has taken steps to mitigate the effect of the contravention;
(d) the impact of the contravention on any other person;
(e) the likelihood that the person will act in a way that is a ground for occupational discipline in the future;
(f) whether the entity bringing the application has applied for particular occupational discipline to be used and, if so, the kind of occupational discipline applied for.
Example—par (c)
the person has changed a method of work or given a direction to staff to prevent further contraventions
(4) The tribunal may consider any other relevant matter.