57Procedure of preliminary investigation

57 Procedure of preliminary investigation (1) Except as provided by subsections (2) to (5), the investigator may decide the procedure of the preliminary investigation. (1A) In addition, if criminal proceedings have been or are likely to be started in relation to the same matter, the investigator may suspend the preliminary investigation until the outcome of the criminal proceedings is known. (2) The investigator is not bound by the rules of evidence, and may inform itself as it thinks fit. (3) The investigator must observe the principles of procedural fairness. (4) The investigator may, by written notice, require a person (including the teacher or authorised person to whom the preliminary investigation relates) to: (a) appear before the investigator; or (b) give the investigator: (i) particular information or a particular document or other thing that is in the possession, or under the control, of the person and relevant to the investigation; or (ii) all information, documents and other things that are in the possession, or under the control, of the person and relevant to the investigation.

Teacher Registration (Northern Territory) Act 2004 37 (5) A notice under subsection (4) must include the following (a) details of the basis of the preliminary investigation as mentioned in section 50; (b) the name of the investigator or the names of the members of the investigation panel, as the case requires; (c) a direction that the person must: (i) appear before the investigator at a specified date and time, either in person or by another specified means; or (ii) give the specified information, document or other thing to the investigator within a specified time. (6) A person given a notice under subsection (4) must comply with a direction in the notice. (7) An offence against subsection (6) is an offence of strict liability. (8) It is a defence to a prosecution for an offence against subsection (6) if the defendant has a reasonable excuse.