Commonwealth Consolidated Regulations

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CADET FORCES REGULATIONS 1977 - REG 25

Procedural fairness in reviews etc

         (1)   If, under these Regulations, a decision is made or is to be made that affects the rights of a person ( person affected ), the decision‑maker must make the decision having regard to the principles mentioned in subregulation (2).

         (2)   The principles are as follows:

                (a)    the decision‑maker must make a decision without undue delay;

               (b)    the decision‑maker must promptly advise the person affected of relevant matters arising during the process of making the decision;

                (c)    if the decision involves misconduct or alleged misconduct by a person affected -- the decision‑maker must advise the person affected, in writing, of the following matters concerning the misconduct:

                          (i)    all details known to the decision‑maker;

                         (ii)    any finding made by the decision‑maker;

               (d)    if the decision involves misconduct or alleged misconduct by a person affected -- the decision‑maker must give a person affected the opportunity to be heard before the decision is made;

                (e)    after a decision is made, the decision‑maker must give the affected person:

                          (i)    written notice of the decision; and

                         (ii)    written notice of the review rights available to the affected person;

                (f)    if the person affected is a cadet who has not turned 18 -- the decision‑maker must advise the cadet that the cadet must be represented by a parent or other adult person of the cadet's choosing;

                (g)    if the person affected is a cadet who has turned 18 -- the decision‑maker must advise the cadet that the cadet is entitled to be represented by a parent or other adult person of the cadet's choosing;

                (h)    if, in the opinion of the decision‑maker, it appears that the matter requiring decision could be resolved by an informal dispute resolution or mediation process -- the decision‑maker may take steps to facilitate that process.




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