QLDIn ForceAct
Electrical Safety Act 2002
sec.118Disciplinary hearing requirements
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### sec.118 Disciplinary hearing requirements
When conducting the disciplinary hearing, the licensing committee—
must comply with natural justice; and
must act as quickly and with as little formality and technicality as is consistent with appropriate consideration of the issues before it; and
is not bound by the rules of evidence; and
may inform itself of anything in the way it considers appropriate; and
may adjourn the hearing at any time to make further enquiries or for another purpose.
Also, the licensing committee must—
at the start of the hearing, tell the person—
the facts and circumstances forming the basis for the committee’s view that the ground mentioned in the preliminary notice and disciplinary hearing notice may exist for taking disciplinary action against the person; and
what possible disciplinary action the licensing committee may take against the person; and
if asked by the person—explain to the person any aspect of the committee’s procedures or any decisions or rulings relating to the hearing; and
ensure the person has the fullest opportunity practicable to be heard.
The disciplinary hearing is not open to the public unless the licensing committee otherwise decides.
At the disciplinary hearing, the licensing committee may act in the absence of the person if it reasonably believes that the requirements of this Act for giving the holder the disciplinary hearing notice have been followed.
(sec.118-ssec.1) When conducting the disciplinary hearing, the licensing committee— must comply with natural justice; and must act as quickly and with as little formality and technicality as is consistent with appropriate consideration of the issues before it; and is not bound by the rules of evidence; and may inform itself of anything in the way it considers appropriate; and may adjourn the hearing at any time to make further enquiries or for another purpose.
(sec.118-ssec.2) Also, the licensing committee must— at the start of the hearing, tell the person— the facts and circumstances forming the basis for the committee’s view that the ground mentioned in the preliminary notice and disciplinary hearing notice may exist for taking disciplinary action against the person; and what possible disciplinary action the licensing committee may take against the person; and if asked by the person—explain to the person any aspect of the committee’s procedures or any decisions or rulings relating to the hearing; and ensure the person has the fullest opportunity practicable to be heard.
(sec.118-ssec.3) The disciplinary hearing is not open to the public unless the licensing committee otherwise decides.
(sec.118-ssec.4) At the disciplinary hearing, the licensing committee may act in the absence of the person if it reasonably believes that the requirements of this Act for giving the holder the disciplinary hearing notice have been followed.
- (a) must comply with natural justice; and
- (b) must act as quickly and with as little formality and technicality as is consistent with appropriate consideration of the issues before it; and
- (c) is not bound by the rules of evidence; and
- (d) may inform itself of anything in the way it considers appropriate; and
- (e) may adjourn the hearing at any time to make further enquiries or for another purpose.
- (a) at the start of the hearing, tell the person— (i) the facts and circumstances forming the basis for the committee’s view that the ground mentioned in the preliminary notice and disciplinary hearing notice may exist for taking disciplinary action against the person; and (ii) what possible disciplinary action the licensing committee may take against the person; and
- (i) the facts and circumstances forming the basis for the committee’s view that the ground mentioned in the preliminary notice and disciplinary hearing notice may exist for taking disciplinary action against the person; and
- (ii) what possible disciplinary action the licensing committee may take against the person; and
- (b) if asked by the person—explain to the person any aspect of the committee’s procedures or any decisions or rulings relating to the hearing; and
- (c) ensure the person has the fullest opportunity practicable to be heard.
- (i) the facts and circumstances forming the basis for the committee’s view that the ground mentioned in the preliminary notice and disciplinary hearing notice may exist for taking disciplinary action against the person; and
- (ii) what possible disciplinary action the licensing committee may take against the person; and