Your speakers: Joanne Kummrow Managing Principal Solicitor Greg Elms Managing 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 Affording Procedural 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

Investigation Plan/Review

QUESTIONS?