Document ID: chunk:federal_register_of_legislation:F2021L00998:reg:15:p1
Version: federal_register_of_legislation:F2021L00998
Segment Type: reg
Provision Reference: reg 15 (pt 1/2)
Character Range: 23713–26545

15      Notice of decision to conduct inquiry: prescribed authority

(1)    This section applies if the prescribed authority decides under section 14(3)(a) (Effect of decision whether to take action: prescribed authority) to conduct an inquiry into the respondent's conduct.

(2)    Within 5 working days after the day the decision is made, the prescribed authority must give the respondent a written notice that tells the respondent that the prescribed authority is to conduct an inquiry into the respondent's conduct.
            [Note: For the service (however described) of notices and other documents, see the Legislation Statute, section 24.]

(3)    Without limiting subsection (2), the notice must:

(a)    include a description of the conduct that is to be inquired into; and

(b)    state the purpose of the inquiry; and
[Note: See section 25 (Inquiry process: purpose of inquiry).]

(c)    state the name of the person who is to conduct the inquiry; and

(d)    include, or be accompanied by, copies of the material in the prescribed authority's possession on which the person conducting the inquiry may rely in the inquiry; and

(e)    state the time and place fixed for the hearing of the inquiry.

(4)    The notice must also include, or be accompanied by, a statement (or statements) to the effect that:

(a)    the inquiry may be conducted in an informal way and the prescribed authority is not bound by the rules of evidence; and

(b)    the respondent may appear in person at the inquiry, unless the prescribed authority requires the respondent to participate remotely by a method of communication specified by the prescribed authority; and

(c)    the respondent may apply to the prescribed authority for permission for the respondent, or for a person nominated by the respondent to accompany the respondent, to participate in the inquiry, or a part of the inquiry, remotely by a method of communication stated in the notice or otherwise specified by the prescribed authority; and

(d)    if the respondent does not appear at the time and place fixed for the hearing of the inquiry, the inquiry may be held in the absence of the respondent; and

(e)    if the respondent appears at the inquiry, the respondent may present oral and written statements to the inquiry (including written statements made by another person); and

(f)    if the respondent appears at the inquiry, the respondent may be accompanied by another person nominated by the respondent who may observe the proceedings and, with the express approval of the prescribed authority, act as an advocate; and

(g)    the respondent may, in addition to or instead of appearing at the inquiry, give the inquiry written statements about the conduct being inquired into (whether made by the respondent or another person); and

(h)    any written statements