Notice given by the Secretary A copy of the notice of referral to the Suitability Panel given by the Secretary under section 96 of the Act accompanies this notice in accordance with section 104(2)(h) of the Act. Nature of hearing The Suitability Panel will conduct the hearing and determine the matter. The Panel will be constituted by the Chairperson and two other members. Subject to Part 3.4 of the Act and the Children, Youth and Families Regulations 2017, the procedure of the Panel is in its discretion. The proceedings of the Panel must be conducted with as little formality and technicality as the requirements of Part 3.4 of the Act and the proper consideration of the matter permit. The Panel is not bound by the rules of evidence. The Panel is bound by the rules of natural justice. You are entitled to be present, to make submissions and to be legally represented. The Secretary is entitled to be present, to make submissions and to be legally represented. The hearing will not be open to the public. Findings that can be made by the Suitability Panel The Suitability Panel can find that you have or have not on the balance of probabilities, physically or sexually abused the child. If the Suitability Panel finds that you have physically or sexually abused the child, the Panel must make a finding of misconduct against you. If the Suitability Panel determines that the allegation is not proved, the Panel must state that fact and that no finding of misconduct has been made against you.
Notice given by the Secretary A copy of the notice of referral to the Suitability Panel given by the Secretary under section 96 of the Act accompanies this notice in accordance with section 104(2)(h) of the Act. Nature of hearing The Suitability Panel will conduct the hearing and determine the matter. The Panel will be constituted by the Chairperson and two other members. Subject to Part 3.4 of the Act and the Children, Youth and Families Regulations 2017, the procedure of the Panel is in its discretion. The proceedings of the Panel must be conducted with as little formality and technicality as the requirements of Part 3.4 of the Act and the proper consideration of the matter permit. The Panel is not bound by the rules of evidence. The Panel is bound by the rules of natural justice. You are entitled to be present, to make submissions and to be legally represented. The Secretary is entitled to be present, to make submissions and to be legally represented. The hearing will not be open to the public. Findings that can be made by the Suitability Panel The Suitability Panel can find that you have or have not on the balance of probabilities, physically or sexually abused the child. If the Suitability Panel finds that you have physically or sexually abused the child, the Panel must make a finding of misconduct against you. If the Suitability Panel determines that the allegation is not proved, the Panel must state that fact and that no finding of misconduct has been made against you.
17-019sr.docx