62Inquiry proceedings

62 Inquiry proceedings (1) Except as provided by subsections (2) to (9), the inquiry committee may decide the procedure of the inquiry. (2) The teacher or authorised person to whom the inquiry relates may be represented by a person (who may be a legal practitioner) at the inquiry. (3) The proceedings of the inquiry must be conducted with as little formality and technicality, and as quickly, as a proper consideration of the subject matter allows. (4) However, if criminal proceedings have been or are likely to be started in relation to the same matter, the inquiry committee may suspend the inquiry until the outcome of the criminal proceedings is known. (5) The inquiry committee is not bound by the rules of evidence, and may inform itself as it thinks fit. (6) The inquiry committee must observe the rules of procedural fairness. (7) Unless the inquiry committee decides otherwise, the inquiry is open to the public. (8) The inquiry committee may, by written notice, require a person (including the teacher or authorised person to whom the inquiry relates) to: (a) appear before the inquiry committee; or (b) give the inquiry committee: (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 inquiry; or (ii) all information, documents and other things that are in the possession, or under the control, of the person and relevant to the inquiry. (9) A notice under subsection (8) must include the following (a) details of the basis of the inquiry as mentioned in section 50; (b) the date, time and place of the inquiry;

Teacher Registration (Northern Territory) Act 2004 42 (c) the names of the members of the inquiry committee; (d) a direction that the person must: (i) appear before the inquiry committee, either in person or by another specified means; or (ii) give the inquiry committee the specified information, document or other thing within a specified time. (10) A person given a notice under subsection (8) must comply with a direction in the notice. (11) An offence against subsection (10) is an offence of strict liability. (12) It is a defence to a prosecution for an offence against subsection (10) if the defendant has a reasonable excuse.