Document ID: chunk:federal_register_of_legislation:C2004A03550:body:0:p27
Version: federal_register_of_legislation:C2004A03550
Segment Type: other
Provision Reference: 
Character Range: 67726–70680

"or referred to the Commissioner under section 23 and following consultation with the Ombudsman about the results of the investigation" after "section 6".
     (b) Omit "and, unless the identity of the complainant is not known, to the complainant".

Subsections 11 (1) and (2):
Insert "or cautioning" after "charging".

Subsection 11 (3):
Omit paragraphs (a) and (b), substitute the following paragraphs:
     "(a) that a member or members be charged;
     (b) that a member or members be cautioned; or
     (c) that no action be taken by way of charging or cautioning a member or members;".

Subsection 11 (7):
Insert "or cautioning" after "charging" (wherever occurring).

After paragraph 11 (9) (b):
Insert the following paragraph:
     "(ba) a reference to the cautioning of a member shall be construed as a reference to the cautioning of a member for a breach of discipline;".

Paragraph 11a (2) (c):
Omit the paragraph, substitute the following paragraph:
     "(c) in the case of proceedings instituted pursuant to a proposal put by the Commissioner as mentioned in subsection 11 (4)—without the consent of the Ombudsman.".

SCHEDULE 1—continued

Section 12:
     (a) Insert ", or accepts a caution for a breach of discipline," after "discipline".
     (b) Insert "or cautioned, as the case may be" after "charged" (last occurring).

Section 13:
     (a) Insert ", or accepts a caution for a breach of discipline," after "discipline".
     (b) Insert "or cautioned" after "so charged".
     (c) Insert "or caution" after "charge" (wherever occurring).

Section 19:
Repeal the section.

Paragraph 24 (1) (c):
Insert ", or cautioned for a breach of discipline," after "discipline".

Paragraph 24 (1) (d):
Omit "unnecessary", substitute "not warranted".

Subsection 24 (3):
Omit the subsection, substitute the following subsection:
"(3) Where the Ombudsman does not, for any reason, investigate, or continue to investigate, any action, the Ombudsman shall, as soon as practicable and in such manner as the Ombudsman thinks fit, inform the complainant and (except where an arrangement with the Commissioner is in force under subsection (4a) relating to a class of actions in which that action is included) the Commissioner of the decision and of the reasons for the decision.".

Subsection 26 (3):
Insert ", or cautioned for a breach of discipline," after "discipline".

Subsection 34 (1):
Omit ", to the member concerned".

Paragraph 34 (5) (a):
Omit "—furnish to the member concerned and, unless the identity of the complainant is not known,", substitute "and the identity of the complainant is known—furnish".

Paragraph 34 (5) (b):
     (a) Insert "where the identity 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