QLDIn ForceAct
Electrical Safety Act 2002
sec.116Disciplinary hearing notice
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### sec.116 Disciplinary hearing notice
Before holding the disciplinary hearing, the licensing committee must give the person a written notice ( disciplinary hearing notice ) stating—
that the committee still considers that the ground mentioned in the preliminary notice may exist for taking disciplinary action against the person; and
that the committee has decided to hold a disciplinary hearing—
to decide whether the ground exists; and
if the committee decides the ground exists—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and
an outline of the committee’s understanding of the facts and circumstances forming the basis for the committee’s view that the ground may exist; and
when and where the disciplinary hearing is to be held; and
that—
the person is required to appear at the hearing; and
if the person appears at the hearing, the person may give information or make submissions to the committee at the hearing; and
that, if the person does not appear at the hearing—
the person may give information or make submissions to the committee in another way; and
the committee may act in the person’s absence, whether or not the person gives information or makes submissions.
The disciplinary hearing notice must be dated not earlier than the day the notice is given.
The date the licensing committee fixes for the disciplinary hearing must be at least 14 days after the date of the disciplinary hearing notice.
The committee must include with the disciplinary hearing notice—
a copy of the preliminary notice; and
copies of all available written material held by the committee that the committee reasonably considers to be relevant to the proposed disciplinary hearing.
s 116 amd 2007 No. 52 s 39
(sec.116-ssec.1) Before holding the disciplinary hearing, the licensing committee must give the person a written notice ( disciplinary hearing notice ) stating— that the committee still considers that the ground mentioned in the preliminary notice may exist for taking disciplinary action against the person; and that the committee has decided to hold a disciplinary hearing— to decide whether the ground exists; and if the committee decides the ground exists—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and an outline of the committee’s understanding of the facts and circumstances forming the basis for the committee’s view that the ground may exist; and when and where the disciplinary hearing is to be held; and that— the person is required to appear at the hearing; and if the person appears at the hearing, the person may give information or make submissions to the committee at the hearing; and that, if the person does not appear at the hearing— the person may give information or make submissions to the committee in another way; and the committee may act in the person’s absence, whether or not the person gives information or makes submissions.
(sec.116-ssec.2) The disciplinary hearing notice must be dated not earlier than the day the notice is given.
(sec.116-ssec.3) The date the licensing committee fixes for the disciplinary hearing must be at least 14 days after the date of the disciplinary hearing notice.
(sec.116-ssec.4) The committee must include with the disciplinary hearing notice— a copy of the preliminary notice; and copies of all available written material held by the committee that the committee reasonably considers to be relevant to the proposed disciplinary hearing.
- (a) that the committee still considers that the ground mentioned in the preliminary notice may exist for taking disciplinary action against the person; and
- (b) that the committee has decided to hold a disciplinary hearing— (i) to decide whether the ground exists; and (ii) if the committee decides the ground exists—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and
- (i) to decide whether the ground exists; and
- (ii) if the committee decides the ground exists—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and
- (c) an outline of the committee’s understanding of the facts and circumstances forming the basis for the committee’s view that the ground may exist; and
- (d) when and where the disciplinary hearing is to be held; and
- (e) that— (i) the person is required to appear at the hearing; and (ii) if the person appears at the hearing, the person may give information or make submissions to the committee at the hearing; and
- (i) the person is required to appear at the hearing; and
- (ii) if the person appears at the hearing, the person may give information or make submissions to the committee at the hearing; and
- (f) that, if the person does not appear at the hearing— (i) the person may give information or make submissions to the committee in another way; and (ii) the committee may act in the person’s absence, whether or not the person gives information or makes submissions.
- (i) the person may give information or make submissions to the committee in another way; and
- (ii) the committee may act in the person’s absence, whether or not the person gives information or makes submissions.
- (i) to decide whether the ground exists; and
- (ii) if the committee decides the ground exists—to decide whether disciplinary action is to be taken, and if so, the details of the disciplinary action; and
- (i) the person is required to appear at the hearing; and
- (ii) if the person appears at the hearing, the person may give information or make submissions to the committee at the hearing; and
- (i) the person may give information or make submissions to the committee in another way; and
- (ii) the committee may act in the person’s absence, whether or not the person gives information or makes submissions.
- (a) a copy of the preliminary notice; and
- (b) copies of all available written material held by the committee that the committee reasonably considers to be relevant to the proposed disciplinary hearing.