sec.44Notice of investigation

sec.44 Notice of investigation

As soon as practicable after deciding to conduct, or authorising an investigator to conduct, an investigation in relation to a person, the board must give the person notice of the investigation. The notice must state each of the following— whether the investigation is being conducted by the board or an investigator; if an investigator is conducting the investigation—the investigator’s name; if the investigation relates to a complaint—the nature of the complaint; if the board or an investigator is conducting the investigation on the board’s own initiative under section 41 (1) (b) or 42 —the grounds that are the basis for the investigation; that the person may make, during the course of the investigation, a submission to the board or investigator about the complaint or other grounds for the investigation, and how a submission may be made. However, the board need not give the person the notice if the board reasonably believes that giving the notice may— seriously prejudice the investigation; or place the complainant or another person at risk of harassment or intimidation. A submission under subsection (2) (e) must be made to— if an investigator is conducting the investigation—the investigator; or otherwise—the board. (sec.44-ssec.1) As soon as practicable after deciding to conduct, or authorising an investigator to conduct, an investigation in relation to a person, the board must give the person notice of the investigation. (sec.44-ssec.2) The notice must state each of the following— whether the investigation is being conducted by the board or an investigator; if an investigator is conducting the investigation—the investigator’s name; if the investigation relates to a complaint—the nature of the complaint; if the board or an investigator is conducting the investigation on the board’s own initiative under section 41 (1) (b) or 42 —the grounds that are the basis for the investigation; that the person may make, during the course of the investigation, a submission to the board or investigator about the complaint or other grounds for the investigation, and how a submission may be made. (sec.44-ssec.3) However, the board need not give the person the notice if the board reasonably believes that giving the notice may— seriously prejudice the investigation; or place the complainant or another person at risk of harassment or intimidation. (sec.44-ssec.4) A submission under subsection (2) (e) must be made to— if an investigator is conducting the investigation—the investigator; or otherwise—the board.

• (a) whether the investigation is being conducted by the board or an investigator;
• (b) if an investigator is conducting the investigation—the investigator’s name;
• (c) if the investigation relates to a complaint—the nature of the complaint;
• (d) if the board or an investigator is conducting the investigation on the board’s own initiative under section 41 (1) (b) or 42 —the grounds that are the basis for the investigation;