326Pending investigations

326 Pending investigations

(a) before the commencement of Part 5, the Secretary, within the meaning of the Children, Youth and Families Act 2005, decides under section 86 of that Act that an investigation of an allegation is warranted; and

(b) the investigation is not completed immediately before the commencement of Part 5.

(2) The investigation may be completed under Part 3.4 of the Children, Youth and Families Act 2005 as in force immediately before the commencement of Part 5 with the following modifications—

(a) a reference to "the Secretary" is to be taken to be a reference to "the Regulator";

(b) a reference to the "Suitability Panel" is to be taken to be a reference to a "Panel".

(3) If, after completion of an investigation completed in accordance with this section, the Panel finds that the person who is the subject of the allegation should be disqualified from registration, that finding is taken to be a determination under section 79(1)(a) that the person is excluded from providing a WCES service or a specified class of WCES services (as appropriate).