56Notice of investigation or referral

56 Notice of investigation or referral

(1) This section applies if the Regulator—

(a) determines under section 55(4)(a) that the conduct of a WCES worker or carer be investigated; or

(b) refers a matter relating to the conduct of a WCES worker or carer to a Panel under section 55(4)(b) for determination.

(2) The Regulator must, as soon as practicable after making the determination or referral, give notice in writing of the determination or referral to the WCES worker or carer.

(3) The Regulator may give notice in writing of the determination or referral to any WCES service provider that is engaging or employing the WCES worker or carer to provide a WCES service.

(4) If the Regulator gives notice under subsection (3), the notice must be given as soon as practicable after the Regulator makes the determination or referral.

(5) The Regulator may give notice in writing of the determination or referral to any WCES service provider who has at any time engaged or employed the WCES worker or carer to provide a WCES service.

(6) A notice under subsection (2) or (3) must set out—

(a) details of the WCES worker or carer's conduct that is the subject of the investigation or referral (as appropriate); and

(b) the nature and purpose of the investigation or referral; and

(c) in the case of a determination under section 55(4)(a)—

(i) the matters to be considered during the investigation; and

(ii) the information that the Regulator considers may be relevant to the investigation; and

(d) in the case of a referral under section 55(4)(b), factors and information that the Panel may consider relevant when determining whether the worker or carer is to be excluded under section 79.

(7) If the Regulator reasonably believes that giving notice under subsection (2) of a determination under section 55(4)(a) to the WCES worker or carer as soon as practicable after that determination would compromise an investigation or determination under this Part, the Regulator may give the notice under that subsection at a later time that the Regulator reasonably considers appropriate.