41Inquiries

41 Inquiries

(1)  The TasTAFE CEO must hold an inquiry in respect of a matter giving rise to the suspension of a TasTAFE employee under section 40 .

(2)  If the TasTAFE CEO believes on reasonable grounds that it is in the public interest to do so, the TasTAFE CEO may hold an inquiry in respect of a complaint given to the TasTAFE CEO under section 39 .

(3)  If the TasTAFE Board believes on reasonable grounds that it is in the public interest to do so, the TasTAFE Board may hold an inquiry in respect of a complaint given to the TasTAFE Board under section 39 .

(4)  The TasTAFE CEO, or the TasTAFE Board, may –

(a) hold an inquiry under this section; or

(b) appoint a committee of inquiry to hold the inquiry on behalf of the TasTAFE CEO or the TasTAFE Board.

(5)  An inquiry under this section –

(a) is to be held subject to this Act and in accordance with any directions of the TasTAFE Board or, in the case of a committee of inquiry appointed by the TasTAFE CEO, the TasTAFE CEO; and

(b) may otherwise be held in any manner that the person holding it thinks appropriate.

(6)  If a decision is made as a result of an inquiry under this section, the person who held the inquiry is to give notice, in writing, of that decision to –

(a) the person who is the subject of the inquiry; and

(b) if the inquiry is the result of a complaint under section 39 , the person who made the complaint; and

(c) if the person who is the subject of the inquiry is registered under the Teachers Registration Act 2000 , the Board within the meaning of that Act.

(7)  Nothing in this section affects the rules of procedural fairness that may apply to an inquiry held under this section.