82Procedure for taking disciplinary action

82 Procedure for taking disciplinary action

S. 82(1) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(1) If the Secretary is considering taking disciplinary action against a person under section 80, the Secretary must serve on that person a notice (a disciplinary notice) that—

S. 82(1)(a) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(a) states the action being considered by the Secretary (including any possible period of suspension or disqualification from applying for accreditation under this Part); and

(b) if the accredited person holds more than one kind of accreditation under this Part, states the accreditation or accreditations to which the possible action would relate; and

S. 82(1)(c) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(c) states the grounds as to why the Secretary is considering taking action; and

(d) invites the person to make a written submission within a stated period as to why such action should not be taken.

(2) For the purposes of subsection (1)(d), the period stated in the disciplinary notice must be a period of at least 28 days after the day on which the disciplinary notice is served on the accredited person.

S. 82(3) amended by No. 49/2019 s. 140(Sch. 2 item 63).

(3) If the person that the Secretary is considering taking disciplinary action against provides a written submission to the Secretary within the period stated in the disciplinary notice, the Secretary must consider the written submission before making any decision to take disciplinary action against that person.

S. 83 amended by No. 49/2019 s. 140(Sch. 2 item 64).