35Investigation by head of relevant entity

35 Investigation by head of relevant entity

(1)  As soon as practicable after the head of a relevant entity becomes aware of a reportable allegation or reportable conviction against a worker of the relevant entity, the head –

(a) must –

(i) investigate the reportable allegation or reportable conviction; or

(ii) engage an independent investigator to investigate the reportable allegation or reportable conviction on behalf of the head; and

(b) must inform the Regulator of the identity of the body or person who will conduct the investigation.

(2)  If the head of a relevant entity is unable, or does not intend, to comply with subsection (1) , the head of the relevant entity is to –

(a) notify the Regulator as soon as practicable; and

(b) provide reasons for the non-compliance.

(3)  An investigation conducted under this section must be completed despite the person who is the subject of the investigation ceasing to be a worker of the relevant entity during the period in which the investigation is being conducted.

(4)  As soon as practicable after an investigation has been completed, the head of the relevant entity must give to the Regulator –

(a) a copy of the findings of the investigation and the reasons for those findings; and

(b) details of any disciplinary or other action that the relevant entity has taken, or proposes to take, in relation to the worker, and the reasons for that action; and

(c) if the relevant entity does not propose to take any disciplinary or other action in relation to the worker, the reasons why no action is to be taken.