Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p28
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 70401–73296

of the complainant is known" after case".

SCHEDULE 1—continued
     (b) Omit "the member concerned and".

Paragraph 36 (1) (a):
Omit "has not been adequately investigated", substitute "requires further investigation".

Paragraph 36 (1) (c):
Insert", or cautioned for a breach of discipline," after "discipline".

Paragraph 36 (2) (a):
Omit "has still not been adequately investigated", substitute "still requires further investigation".

Paragraph 36 (2) (c):
Insert ", or cautioned for a breach of discipline," after "discipline".

Subsection 36 (3):
Omit the subsection, substitute the following subsections:
"(3) The Ombudsman may, in a notification given or recommendation made under subsection (1) or (2), include any recommendation (not being a recommendation that a member be charged with an offence or breach of discipline or cautioned for a breach of discipline) that the Ombudsman thinks fit to make, and may also request the Commissioner to give to the Ombudsman, within a specified time, particulars of any action that the Commissioner proposes to take in consequence of the recommendation.
"(3a) The Ombudsman may (otherwise than in a notification given or recommendation made under subsection (1) or (2)) make, in writing, any recommendation to the Commissioner (not being a recommendation that a member be charged with an offence or breach of discipline or cautioned for a breach of discipline) that the Ombudsman thinks fit to make, and may also request the Commissioner to give to the Ombudsman, within a specified time, particulars of any action that the Commissioner proposes to take in consequence of the recommendation.".

Subsection 36 (4):
Add at the end "or a recommendation made under subsection (3) or (3a)".

Subsection 36 (5):
Omit "in a notification under paragraph (1) (b) or (2) (b)", substitute "under subsection (3) or (3a)".

Paragraph 37 (1) (a):
     (a) Omit "to the member concerned and".

SCHEDULE 1—continued
     (b) Omit "concerning the charging of a member with an offence or breach of discipline".

Paragraph 37 (1) (b):
     (a) Insert " or cautioned for a breach of discipline" after "discipline".
     (b) Insert ", or caution accepted," after "any charge laid".

Paragraphs 37 (2) (a) and (b):
Omit "to the member concerned and".

Section 42:
Repeal the section.

Subsection 49 (4):
Insert "or cautioned for a breach of discipline" after "discipline".

Paragraph 52 (2) (b):
Add at the end "or cautioned for a breach of discipline".

After section 66:
Insert the following section:

Proceedings for charge where caution not accepted
"66a. Where:
     (a) a member is offered a caution for a breach of discipline; and
     (b) the member does not accept the caution;
the Commissioner shall institute proceedings against the member in respect of the breach of discipline.".

Subsection 67 (1):
Insert "(whether or not also as a result of the member