Your speakers: Joanne Kummrow Managing Principal Solicitor Greg Elms Managing Principal Solicitor...
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Transcript of Your speakers: Joanne Kummrow Managing Principal Solicitor Greg Elms Managing Principal Solicitor...
Your speakers: Joanne KummrowManaging Principal Solicitor
Greg ElmsManaging Principal Solicitor
Exercising powers to dismiss, discipline and prosecute: strategies for success
23 October 2013
Seminar Overview• Two part seminar• First part: Tips for ensuring your decision to dismiss, discipline or
prosecute is soundly taken– Acting unlawfully– Not meeting statutory requirements– Acting without a proper basis– Not affording procedural fairness
• Second part: Investigation review and planning tool– Identifying the elements of a statutory criteria or an offence for investigation
– Investigation planning and review
Four Tips for Ensuring Success
• Acting lawfully• Not meeting statutory requirements• Acting without a proper basis• Not affording procedural fairness• Not an exhaustive list of issues …
Acting Unlawfully
• What action is it that I need to take?• Am I authorised or have jurisdiction?
– Be aware of delegation and quorum issue
• Where do I find my power?• Act within the scope of your power
Not Meeting Statutory Requirements
• Ensure compliance with statutory test • Look carefully at the relevant statute • Identify the elements of the statutory test
– Be aware of any statutory time period in which action must be commenced or taken
• Consider whether each requirement in the statutory test comprises a precondition
• Apply correct test
Acting Without a Proper Basis
• Ensure you have sufficient information or evidence
• Meeting the required standard of proof or requisite level of satisfaction
Not AffordingProcedural Fairness
• Affording a fair and unbiased hearing before a decision is taken
• Hearing rule: give a fair opportunity to be heard or respond
Take Home Points
• Make sure you have power and act within your statutory powers
• Carefully review and follow statutory and procedural fairness requirements
• Act as quickly as the circumstances permit• When in doubt, seek advice