Cemeteries and Crematoria Act 2020

This section applies if—

the regulator believes on reasonable grounds that a licensee is engaging in disciplinary conduct; and

the regulator proposes to take disciplinary action against the licensee in relation to the conduct; and

the regulator believes on reasonable grounds that the conduct does not give rise to a danger to public health.

The regulator must give the licensee a written notice stating—

the disciplinary conduct; and

the proposed disciplinary action; and

the reasons the regulator considers the proposed disciplinary action is appropriate; and

that the licensee—

may give the regulator a written submission about the proposed disciplinary action; and

must give the submission to the regulator within 14 days.

If the licensee gives the regulator a submission under subsection (2), the regulator must consider the submission.

After considering the submission—

if the regulator is satisfied on reasonable grounds that it is not appropriate in all the circumstances to take the action, the regulator must tell the licensee, in writing, that the disciplinary action will not be taken; or

if the regulator is satisfied on reasonable grounds that it is appropriate in all the circumstances to take the disciplinary action, the regulator—

must take the action; and

before the action is taken, tell the person, in writing, the day the action will be taken and the reasons the disciplinary action will be taken.

For what must be included in a statement of reasons, see the Legislation Act, s 179.

Disciplinary action takes effect on the day mentioned in subsection (4) (b) (ii).