6A05Notice for purpose of Act s. 33L(1)

6A05. Notice for purpose of Act s. 33L(1)

(1) Apart from the matter set out in section 33L(1) of the Act, a notice shall —

(a) set out the particular conduct or behaviour on which the Commissioner’s loss of confidence is based; and

(b) advise the member that within 21 days of being given the notice or such longer period as is allowed by the Commissioner he or she may make a written submission to the Commissioner in respect of the grounds on which the Commissioner has lost confidence in the member’s suitability to continue as a member.

(2) As soon as practicable after the Commissioner gives a notice to a member, the Commissioner shall —

(a) provide to the member a copy of any of the following documents relating to the decision to give the notice —

(i) the Summary of Investigation and any supplementary Summary of Investigation;

(ii) the Inspection List and any supplementary Inspection List;

(iii) any document examined and taken into account in deciding to issue the notice;

and

(b) make available to the member for inspection any other material examined and taken into account in deciding to issue the notice.

(3) Subregulation (2) does not apply to any document or material that is privileged.

(4) If the Commissioner does not provide a member with a copy of a document or make available to the member for inspection any other material because it is privileged the Commissioner shall advise the member of the ground for the document or material being privileged.

[Regulation 6A05 inserted: Gazette 26 Aug 2003 p. 3760‑1.]