Justices of the Peace and Commissioners for Declarations Act 1991
sec.31DInvestigation
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sec.31D Investigation
The chief executive may ask an appropriately qualified officer of the department (an investigator ) to carry out an investigation as to whether a ground exists for revoking an appointment. The investigator must give a notice to the appointee stating— that the investigator is conducting an investigation as to whether a ground exists for revoking the appointee’s appointment; and the reason for the investigation; and that, on or before a stated day no earlier than 21 days after the notice is given, the appointee may make oral or written representations to the investigator about any matter relevant to whether a ground exists for revoking the appointee’s appointment; and that, after the investigation is completed, the investigator will give a report about the investigation to the chief executive. The investigator must consider any representations received from the appointee within the time stated under subsection (2) (c) or any further time allowed by the investigator. After completing the investigation, the investigator must— give the chief executive a written report of the investigator’s findings; and give a copy of the report to the appointee. If the investigator does not consider a ground exists for revoking the appointment, the report may include a recommendation the investigator considers appropriate including, for example, that the appointee make an apology or complete particular training. s 31D ins 2023 No. 23 s 96 (sec.31D-ssec.1) The chief executive may ask an appropriately qualified officer of the department (an investigator ) to carry out an investigation as to whether a ground exists for revoking an appointment. (sec.31D-ssec.2) The investigator must give a notice to the appointee stating— that the investigator is conducting an investigation as to whether a ground exists for revoking the appointee’s appointment; and the reason for the investigation; and that, on or before a stated day no earlier than 21 days after the notice is given, the appointee may make oral or written representations to the investigator about any matter relevant to whether a ground exists for revoking the appointee’s appointment; and that, after the investigation is completed, the investigator will give a report about the investigation to the chief executive. (sec.31D-ssec.3) The investigator must consider any representations received from the appointee within the time stated under subsection (2) (c) or any further time allowed by the investigator. (sec.31D-ssec.4) After completing the investigation, the investigator must— give the chief executive a written report of the investigator’s findings; and give a copy of the report to the appointee. (sec.31D-ssec.5) If the investigator does not consider a ground exists for revoking the appointment, the report may include a recommendation the investigator considers appropriate including, for example, that the appointee make an apology or complete particular training.