Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback