New Zealand Safety Council Trust

Procedure for making a complaint or allegation of misconduct

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Any person wishing to make a complaint or allegation of misconduct against any member of the NZSC must follow the procedures as set out below.

Making a complaint:

An allegation of misconduct shall be delivered in writing to the Registration Board by hand, post or facsimile transmission, and must be accompanied by copies of any documents or other written evidence relevant to the allegation. The written allegation must set out which clauses within the New Zealand Safety Council Trust Code of Conduct and Ethical Standards, or which of paragraphs 3.2.2 to 3.2.5 the complainant considers may have been breached.

The Institution shall not be obliged to investigate an allegation of misconduct if:

(i) the allegation is made anonymously; or

(ii) the alleged incident(s) occurred more than one year prior to receipt of the allegation.

Initial Investigation:

Within 15 working days of receiving of an allegation of misconduct delivered in accordance with paragraph 8.1.1, the Registration Board shall acknowledge receipt of the allegation, and, unless the Registration Board considers it necessary to obtain further information about the allegations from the complainant or elsewhere, shall inform the Subject of the Allegation in writing of the substance of the allegations, and provide him or her with copies of any documents or other written evidence submitted by the complainant.

Further Information:

If the Registration Board considers it necessary to obtain further information from the complainant or elsewhere, then the Registration Board shall, as soon as is reasonably practicable after receipt of such further information, inform the Subject of the Allegation in writing of the substance of the allegations, and provide him or her with copies of any documents or other written evidence submitted by the complainant or obtained from any other source.

Within 20 working days of receiving a notice from the Registration Board in accordance with paragraphs 8.1.3 or 8.1.4, the Subject of the Allegation shall confirm in writing if he or she admits or refutes the allegations, and must provide copies of any supporting documents or other written evidence.

Referral to Committee:

The Registration Board shall refer the allegation of misconduct, the Subject of the Allegation’s response (if received) and any supporting documents or other written evidence submitted by either party to the Committee, or such other committee as they may, from time to time authorise to consider such referrals.

The Committee shall consider the written evidence and may, as it thinks fit:

(a) dismiss the allegation on the grounds that it is frivolous or vexatious, or that there is no case to answer;

(b) if the Subject of the Allegation admits the allegation, either

(i) invite the Subject of the Allegation to make written representations by way of mitigation and, after considering any representations received, provide guidance on his or her conduct, or issue a reprimand; or
(ii) if the Committee considers that a higher penalty ought to be imposed, refer the matter to the Disciplinary Committee under paragraph 8.1.7(c); or

(c) refer the matter to be considered by the Disciplinary Committee.

Notification to the Registration Board:

The Disciplinary Committee shall notify the Registration Board of its decision in writing within 10 working days of the decision being made. The notice must set out the reasons for the Disciplinary Committee’s decision.

Notification to the Subject and the complainant of the decision:

Within 10 working days of receipt of the Disciplinary Committee’s decision, the Registration Board must notify the Subject of the Allegation and the complainant of the decision and inform the complainant of his or her right to request a review under paragraph 8.1.10.

Right to request a review of the Registration Board’s decision:

If the Registration Board dismisses the allegation in accordance with paragraph 8.1.7(a), the complainant may request a review of the Registration Board’s decision by the Disciplinary Committee, by submitting the reasons for the request in writing to the Registration Board within 10 working days of receiving the Committee’s decision. The complainant may not request a review of a penalty imposed by the Registration Board under paragraph 8.1.7(b), or a decision to refer the matter to the Disciplinary Committee under paragraph 8.1.7(c).