Tasmanian Numbered Acts
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JUSTICES OF THE PEACE ACT 2018 (NO. 15 OF 2018) - SECT 28
Report of investigator
(1) On concluding an investigation into the conduct of an appointed
justice, the investigator is to provide to the Secretary a report on the
investigation which includes (a) the investigator's finding as to
whether or not there are grounds for the removal from the office of
Justice of the Peace of the justice; and
(b) if he or she finds that there are
such grounds, what those grounds are.
(2) If the investigator finds that there are no grounds for the removal
from the office of Justice of the Peace of the appointed justice, the
investigator may include in his or her report recommendations in relation to
the justice.
(3) Without limiting the recommendations that the investigator may
include in his or her report under subsection (2) , the recommendations
may include that the appointed justice take any actions, including, but not
limited to (a) apologising; and
(b) undertaking training or
professional development.
(4) On receiving a report from the investigator that finds that there
are grounds for the removal from the office of Justice of the Peace of the
appointed justice, the Secretary is to provide a copy of it to the Minister
together with (a) the recommendations of the Secretary as to
whether or not the justice should be removed from the office of
Justice of the Peace; and
(b) if the Secretary recommends not removing the
justice from the office of Justice of the Peace, recommendations as to whether
it would be suitable to require the justice to take any actions, including,
but not limited to (i) apologising; and
(ii) undertaking training
or professional development.
(5) The Minister is to proceed under section 30 on receiving a copy
of the report and the recommendations of the Secretary.
(6) On receiving a report from the investigator that finds that there
are no grounds for the removal from the office of Justice of the Peace of the
appointed justice, the Secretary, in addition to proceeding to revoke any
relevant suspension of the justice, may require the justice to take any
actions the Secretary considers appropriate, including, but not limited
to (a) apologising; and
(b) undertaking training or professional
development.
(7) If the Secretary, under subsection (6) , requires an appointed
justice to apologise or undertake training or professional development, the
Secretary may determine that the suspension of the justice continue until the
Secretary is satisfied that the justice has complied with that requirement.
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