349Investigation of member

349 Investigation of member

(1) The Minister may appoint a person who is independent of the Mental Health Tribunal to undertake an investigation into the conduct of a Tribunal member (including the President or Deputy President) who has been suspended under section 348 if the Minister decides that an investigation is required in the circumstances.

(2) If the Minister decides that an investigation is required under subsection (1), the investigation must be conducted as soon as practicable after the Tribunal member's suspension.

(3) A person appointed under subsection (1) to conduct an investigation must—

(a) investigate the conduct of the suspended Tribunal member; and

(b) report to the Minister on the findings of the investigation and provide recommendations as appropriate; and

(c) give a copy of the report to the President; and

(d) give a copy of the report to the person who is the subject of the report.

(4) The report may include a recommendation that the person investigated be removed from office.