Power to disregard procedural lapses
656E Power to disregard procedural lapses
The tribunal may order that a failure by the commissioner to observe a procedural requirement in relation to a complaint, investigation matter or discipline application is to be disregarded, if the tribunal is satisfied the parties to the hearing have not been prejudiced by the failure.
This section applies whether the failure happened—
before the making of the discipline application resulting from the complaint or investigation matter; or
after the making of the discipline application.
Subsection (1) does not limit the tribunal’s power to disregard a failure by another person to observe a procedural requirement.
This Act’s bill:Explanatory memorandum
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