30Notice to members

30 Notice to members

Scope of this section (1A) This section applies if this Part: (a) requires notice of an action to be given to a member; or (b) prohibits an action being taken unless notice is given to a member. Content of notice (1) The notice must: (a) state that the action is proposed; and (b) set out the reason for the proposal; and (c) invite the member to provide a written response as to why the proposed action should not be taken; and (ca) invite the member to provide, as part of the written response, evidence of any current or past mental health condition of the member that may be relevant to a decision about whether to take the action; and (d) set out the facts and circumstances necessary for the member to prepare the written response; and (e) specify the period for providing the written response.

Note: For the purposes of paragraph (ca): a current or past mental health condition of the member may be relevant to a decision about whether to take the action because, for example, the condition has affected the member’s past behaviour, or because the condition is relevant to how taking the action would affect the member.

When action can occur (2) The action must not take place before one of the following occurs: (a) the member provides the written response; (b) the member states in writing that he or she does not intend to provide the written response; (c) the period for providing the written response ends.