Victorian Current Acts

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Institute to give written notice of an investigation

    (1)     The Institute must give a person being investigated under this Division written notice of the investigation.

    (2)     Despite subsection (1), the Institute is not required to give the person written notice of the investigation if the Institute reasonably believes that doing so may—

        (a)     seriously prejudice the investigation; or

        (b)     place at risk a person's health or safety; or

        (c)     place a person at risk of harassment or intimidation.

    (3)     A notice under subsection (1) must—

        (a)     be given within 14 days after the Institute decides to conduct an investigation; and

        (b)     advise the person of the nature of the matter to be investigated; and

        (c)     advise the person of the procedures that can be taken under this Division and Divisions 12, 13 and 14.

    (4)     If the person holds registration under more than one Division of this Part, a notice under subsection (1) must also state—

        (a)     the registration to which the investigation relates; and

        (b)     that on completing the investigation, a recommendation may be made in relation to both registrations.

    (5)     If the Institute is investigating whether a person's ability to practise as a registered teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment, a notice under subsection (1) may request the person to advise the Institute within 28 days after receiving the notice as to whether the person agrees to undergo a health assessment in accordance with Division 11A to assess the person's ability to practise as a registered teacher.

S. 2.6.33C inserted by No. 27/2010 s. 30.

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