sec.138KCourt to decide matter afresh

sec.138K Court to decide matter afresh

A Magistrates Court hearing an appeal about an investigative information decision under section 138J must decide afresh whether information given to the chief executive is investigative information about the appellant. The appellant must not ask or call on the complainant for the investigative information to give evidence in person before the court. Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. After hearing the appeal, the court may confirm or set aside the investigative information decision. For subsection (4) , the court must consider the matters the police commissioner was required to consider under section 138I when making the investigative information decision. The clerk of the court must give the appellant notice of the court’s decision on the appeal. The notice must state— that, if the chief executive’s decision to issue the appellant an exclusion is a reviewable decision, the appellant may apply for a review of the decision subject to section 138ZT (2) ; and how, and the period within which, the person may apply for the review. In this section— complainant , for investigative information about the appellant, means the complainant under section 138I for the alleged offence under that section that was committed by the appellant who is the subject of the investigative information. s 138K ins 2020 No. 39 s 11 (sec.138K-ssec.1) A Magistrates Court hearing an appeal about an investigative information decision under section 138J must decide afresh whether information given to the chief executive is investigative information about the appellant. (sec.138K-ssec.2) The appellant must not ask or call on the complainant for the investigative information to give evidence in person before the court. (sec.138K-ssec.3) Subsection (2) does not prevent documentary evidence being tendered and received in evidence by the court. (sec.138K-ssec.4) After hearing the appeal, the court may confirm or set aside the investigative information decision. (sec.138K-ssec.5) For subsection (4) , the court must consider the matters the police commissioner was required to consider under section 138I when making the investigative information decision. (sec.138K-ssec.6) The clerk of the court must give the appellant notice of the court’s decision on the appeal. (sec.138K-ssec.7) The notice must state— that, if the chief executive’s decision to issue the appellant an exclusion is a reviewable decision, the appellant may apply for a review of the decision subject to section 138ZT (2) ; and how, and the period within which, the person may apply for the review. (sec.138K-ssec.8) In this section— complainant , for investigative information about the appellant, means the complainant under section 138I for the alleged offence under that section that was committed by the appellant who is the subject of the investigative information.