28BDetermination of complaints

#### 28B Determination of complaints 28B Determination of complaints > > (1) After considering a report furnished in respect of a complaint, the Secretary is to determine the complaint— > > > > > (a) by cancelling the authority the subject of the complaint, or > > > > > (b) by suspending the authority the subject of the complaint for such period as the Secretary thinks fit, or > > > > > (c) by cautioning or reprimanding the holder of the authority the subject of the complaint, or > > > > > (d) by dismissing the complaint. > > > (2) The Secretary is not to cancel or suspend an authority unless— > > > > > (a) notice has been served on the holder of the authority— > > > > > > > (i) of the Secretary’s intention to cancel or suspend the authority, and > > > > > > > (ii) of the reasons for which the Secretary intends to cancel or suspend the authority, and > > > > > (b) the holder of the authority has had a reasonable opportunity to make submissions to the Secretary in relation to the intended cancellation or suspension of the authority, and > > > > > (c) the Secretary has considered any such submission. > > > (3) As soon as practicable after determining a complaint, the Secretary is to cause written notice of the determination to be served on— > > > > > (a) the holder of the authority the subject of the complaint, and > > > > > (b) the complainant. > > > (4) The cancellation or suspension of accreditation of an authority takes effect at the expiration of 14 days after written notice of the cancellation or suspension is served on the holder of the authority, subject to any order made by the Civil and Administrative Tribunal under Division 2 of Part 3 of Chapter 3 of the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076). > > > (5) For avoidance of doubt, an authority may be cancelled or suspended by the Secretary under this section whether or not the Secretary issued the authority. > > > (6) As soon as practicable after cancelling an authority, the Secretary is to cause notice of the cancellation to be given to each accredited research establishment. > > **s 28B:** Ins 1997 No 25, Sch 1 \[20\]. Am 1998 No 156, Sch 3 \[5\]; 2013 No 95, Sch 2.6 \[4\].