sec.98College may authorise investigation

sec.98 College may authorise investigation

This section applies if the college reasonably believes, other than on the basis of interstate information, that a ground for disciplinary action against a relevant teacher may exist. The college may authorise an investigation of the matter. However, the college may authorise an investigation in relation to a former approved teacher only if— the college is satisfied it is in the public interest for the investigation to be conducted; and the ground arose while the person was an approved teacher. If the college authorises an investigation of the matter and appoints an investigator, the college must as soon as practicable give the relevant teacher notice of the investigation. The notice must state each of the following— if the investigation relates to a complaint—the nature of the complaint; if the investigation does not relate to a complaint—the grounds forming the basis of the investigation; that the teacher may make a submission to the investigator about the matter and how a submission may be made. However, the college need not give the teacher the notice if the college reasonably believes doing so may— seriously prejudice the investigation; or place at risk the wellbeing of vulnerable persons; or place the complainant or another person at risk of harassment or intimidation. s 98 amd 2016 No. 46 s 58 (sec.98-ssec.1) This section applies if the college reasonably believes, other than on the basis of interstate information, that a ground for disciplinary action against a relevant teacher may exist. (sec.98-ssec.2) The college may authorise an investigation of the matter. (sec.98-ssec.3) However, the college may authorise an investigation in relation to a former approved teacher only if— the college is satisfied it is in the public interest for the investigation to be conducted; and the ground arose while the person was an approved teacher. (sec.98-ssec.4) If the college authorises an investigation of the matter and appoints an investigator, the college must as soon as practicable give the relevant teacher notice of the investigation. (sec.98-ssec.5) The notice must state each of the following— if the investigation relates to a complaint—the nature of the complaint; if the investigation does not relate to a complaint—the grounds forming the basis of the investigation; that the teacher may make a submission to the investigator about the matter and how a submission may be made. (sec.98-ssec.6) However, the college need not give the teacher the notice if the college reasonably believes doing so may— seriously prejudice the investigation; or place at risk the wellbeing of vulnerable persons; or place the complainant or another person at risk of harassment or intimidation.

• (a) the college is satisfied it is in the public interest for the investigation to be conducted; and
• (b) the ground arose while the person was an approved teacher.