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JUSTICES OF THE PEACE AND COMMISSIONERS FOR DECLARATIONS ACT 1991 - SECT 31D
Investigation
31D Investigation
(1) The chief executive may ask an appropriately qualified officer of the
department (an
"investigator" ) to carry out an investigation as to whether a ground exists
for revoking an appointment.
(2) The investigator must give a notice to the
appointee stating— (a) that the investigator is conducting an investigation
as to whether a ground exists for revoking the appointee’s appointment; and
(b) the reason for the investigation; and
(c) that, on or before a stated day
no earlier than 21 days after the notice is given, the appointee may make oral
or written representations to the investigator about any matter relevant to
whether a ground exists for revoking the appointee’s appointment; and
(d)
that, after the investigation is completed, the investigator will give a
report about the investigation to the chief executive.
(3) The investigator
must consider any representations received from the appointee within the time
stated under subsection (2) (c) or any further time allowed by the
investigator.
(4) After completing the investigation, the investigator
must— (a) give the chief executive a written report of the investigator’s
findings; and
(b) give a copy of the report to the appointee.
(5) If the
investigator does not consider a ground exists for revoking the appointment,
the report may include a recommendation the investigator considers appropriate
including, for example, that the appointee make an apology or complete
particular training.
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