Entitlement of applicant to make submissions

Current

S. 2.6.14A (Heading) amended by No. 10/2021 s. 13(1).

S. 2.6.14A inserted by No. 31/2018 s. 12.

2.6.14A Notice of intention to refuse, renew or reinstate registration under grounds relating to a category A offence or a category B offence

S. 2.6.14A(1) amended by No. 10/2021 s. 13(2).

(1)

If the Institute is proposing to refuse an application for registration, renewal of registration or reinstatement of registration under this Part on any ground under section 2.6.9(1A) or 2.6.12D(1A), the Institute must serve a notice of intention on the applicant that states the following—

(a)

that the Institute proposes to refuse the application;

(b)

the ground on which the proposal to refuse the application is based;

(c)

any category A offence or category B offence, with which the applicant is currently charged, or of which the applicant has been convicted or found guilty, that forms the basis for the ground on which the proposal is based (the relevant offence);

(d)

if the relevant offence is a category B offence, the reasons why the Institute believes that the applicant would pose an unjustifiable risk to children if the application were granted;

(e)

that the applicant is entitled to show, within the period specified in the notice (the show cause period), why the Institute should not refuse the application;

(f)

any requirements of the Institute relating to the form or content of a submission made by the applicant.

(2)

An applicant who has been served with a notice under subsection (1) may, within the show cause period, make written submissions to the Institute about the proposal to refuse an application.

(3)

Before the Institute makes a decision on the proposal it must take into account any submissions made to the Institute by an applicant within the show cause period.

(4)

The show cause period specified in the notice of intention by the Institute must be—

(a)

in the case of a refusal of an application on a ground under section 2.6.9(1A)(a) or (c) or 2.6.12D(1A)(a) or (c), not less than 14 days after the notice of intention is served on the applicant; and

(b)

in the case of a refusal of an application on a ground under section 2.6.9(1A)(b) or 2.6.12D(1A)(b), not less than 28 days after the notice of intention is served on the applicant.

S. 2.6.15 amended by Nos 27/2010 s. 21, 31/2018 s. 13 (1)(a)(b)(2) (ILA s. 39B(1)).

S. 2.6.15(1) amended by No. 10/2021 s. 14.

(1)

If the Institute is proposing to refuse an application for registration, renewal of registration or reinstatement of registration, other than in relation to an application to which section 2.6.14A applies, or to impose conditions, limitations or restrictions on the registration of an applicant, the Institute must not do so until—

(a)

it has given the applicant notice of this proposal; and

S. 2.6.15(1)(b) amended by No. 31/2018 s. 13(1)(c).

(b)

it has given the applicant an opportunity to make submissions to the Institute about the proposal; and

S. 2.6.15(1)(c) inserted by No. 31/2018 s. 13(1)(d).

(c)

it has taken any submissions made by the applicant into account.

S. 2.6.15(2) inserted by No. 31/2018 s. 13(2).

(2)

An applicant who has been given notice under subsection (1), may make written submissions to the Institute about the proposal to refuse the application.

S. 2.6.15(3) inserted by No. 31/2018 s. 13(2).

(3)

Submissions under subsection (2) must be made within the period for making submissions specified in the notice under subsection (1), which must be no less than 28 days after the notice is given to the applicant.

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2.6.15 Entitlement of applicant to make submissions