Teachers Registration Act 2000
19APreliminary assessment of complaint
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19A Preliminary assessment of complaint
[Section 19A Inserted by No. 79 of 2009, s. 10, Applied:01 Jan 2010]
(1) On receiving a complaint, the Board is to conduct a preliminary assessment of it for the purpose of determining whether an inquiry should be held in respect of the complaint.
(2) In conducting the preliminary assessment, the Board may make such inquiries, and obtain such information and documents, as it considers necessary.
(3) On completing the preliminary assessment of the complaint, the Board may –
(a) determine that an inquiry should be held in respect of the complaint if reasonably satisfied that it is in the public interest to do so; or
(b) dismiss the complaint if –
(i) the Board is of the opinion that the complaint is vexatious, misconceived, frivolous or lacking in substance; or
(ii) the behaviour complained about has been the subject of a previous complaint that has been dismissed; or
(iii) the behaviour complained about has been the subject of a previous complaint in respect of which an inquiry has been held; or
(iv) the behaviour complained about is the subject of an existing complaint in respect of which an inquiry has been or is being held; or
(v) information or documents required by the Board under section 19(3)(b) have not been provided to the Board; or
(vi) the Board is not reasonably satisfied that it is in the public interest to hold an inquiry; or
(vii) the Board is of the opinion that the complaint should be made to another person, body or Agency within the meaning of the State Service Act 2000 ; or
(viii) the Board is of the opinion that it is impossible or inappropriate to hold an inquiry after considering the circumstances surrounding the behaviour complained about and the making of the complaint, including the time elapsed since the behaviour occurred.
(4) If the Board dismisses the complaint, it is to notify, in writing, the complainant and all persons notified of the making of the complaint under of the reasons for dismissing it.