6A08Further ground for removal, or revocation of appointment

6A08. Further ground for removal, or revocation of appointment

(1) If during an assessment under this Part the Commissioner concludes that he or she has lost confidence in the suitability of the member the subject of the assessment to continue as a member on a ground other than a ground set out in the notice the Commissioner shall —

(a) give the member notice in writing of the further ground; and

(b) provide to the member a copy of any documents and make available for inspection any other materials that have been examined and taken into account by the Commissioner during the assessment under this Part with the exception of —

(i) those documents copies of which have already been given to the member or materials which have already been made available for inspection by the member under this Part; and

(ii) privileged documents or materials;

and

(c) allow the member a specified period to provide a response to the further ground.

(2) For the purpose of subregulation (1), the specified period is —

(a) the period of 21 days beginning on the day on which the member is given the notice of the further ground or copies of documents under subregulation (1), whichever is the later; or

(b) such other longer period as the Commissioner may approve on an application made before the expiration of the period referred to in paragraph (a).

(3) If the Commissioner does not provide the member with a copy of a document or make available for inspection any other material that was examined and taken into account by the Commissioner during the assessment because it is privileged the Commissioner shall advise the member of the ground for the document or material being privileged.

(4) Subregulation (3) does not apply if the Commissioner has already advised the member under this Part of the ground for the document or material being privileged.

[Regulation 6A08 inserted: Gazette 26 Aug 2003 p. 3762‑3.]