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

InvestigationPlan/Review

QUESTIONS?