4Publication of particulars of enforcement and disciplinary action

4 Publication of particulars of enforcement and disciplinary action

4 Publication of particulars of enforcement and disciplinary action

(1) For the purposes of section 19 (1) (c) of the Act, any of the following particulars, in respect of a community or its operator, that are contained in the Register are authorised to be included for publication on the internet—

(a) the following particulars in relation to a person who has been convicted by a court of an offence under the Act or this Regulation—

(i) the name of the person,

(ii) whether or not the person, at the time of the offence, is or was the operator or a member of staff of the community,

(iii) a description of the nature and circumstances of the offence, the decision of the court and the penalty imposed,

(b) the following particulars in relation to a person who is or was an operator of the community against whom disciplinary action has been taken under Division 3 of Part 13 of the Act—

(i) the name of the person,

(ii) a description of the grounds on which the disciplinary action was taken,

(iii) a description of the disciplinary action taken.

(2) Particulars relating to an offence are not to be included for publication on the internet until after the last day on which an appeal may be made against the conviction.

(3) If an appeal is made against the conviction, the particulars are not to be included for publication on the internet unless a final order has been made on appeal confirming the conviction.

(4) Particulars relating to disciplinary action are not to be included for publication on the internet until after the later of the following dates—

(a) the date on which any application may be made for an administrative review under the Administrative Decisions Review Act 1997 of the Commissioner’s decision in respect of the disciplinary action,

(b) the date on which any proceedings for judicial review in respect of that decision may be commenced.

(5) If an application for an administrative review is made, or proceedings for judicial review are commenced, the particulars are not to be included unless the disciplinary action is in accordance with a final decision consequent on the review.