New South Wales Consolidated Acts

ANIMAL RESEARCH ACT 1985 - SECT 28B

28B Determination of complaints

(1) After considering a report furnished in respect of a complaint, the Director-General is to determine the complaint:

(a) by cancelling the authority the subject of the complaint, or

(b) by suspending the authority the subject of the complaint for such period as the Director-General thinks fit, or

(c) by cautioning or reprimanding the holder of the authority the subject of the complaint, or

(d) by dismissing the complaint.

(2) The Director-General is not to cancel or suspend an authority unless:

(a) notice has been served on the holder of the authority:

(i) of the Director-General’s intention to cancel or suspend the authority, and

(ii) of the reasons for which the Director-General intends to cancel or suspend the authority, and

(b) the holder of the authority has had a reasonable opportunity to make submissions to the Director-General in relation to the intended cancellation or suspension of the authority, and

(c) the Director-General has considered any such submission.

(3) As soon as practicable after determining a complaint, the Director-General is to cause written notice of the determination to be served on:

(a) the holder of the authority the subject of the complaint, and

(b) the complainant.

(4) The cancellation or suspension of accreditation of an authority takes effect at the expiration of 14 days after written notice of the cancellation or suspension is served on the holder of the authority, subject to any order made by the Administrative Decisions Tribunal under Division 2 of Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 1997 .

(5) For avoidance of doubt, an authority may be cancelled or suspended by the Director-General under this section whether or not the Director-General issued the authority.

(6) As soon as practicable after cancelling an authority, the Director-General is to cause notice of the cancellation to be given to each accredited research establishment.