MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 167 Procedure for taking disciplinary action against a person holding a permission

MARINE SAFETY ACT 2010 (NO. 65 OF 2010) - SECT 167

    (1)     If the Safety Director proposes to take disciplinary action under section 165 against a person who holds a permission, the Safety Director must serve on that person a disciplinary notice that—

        (a)     states the proposed action (including any proposed period of suspension or disqualification from applying for a permission of a particular kind); and

        (b)     if the person holds more than one kind of permission—states the specific permission or permissions to which the proposed action relates; and

        (c)     states the grounds for the proposed action; and

        (d)     invites the person to make a written submission within a stated period as to why the proposed action should not be taken.

    (2)     For the purposes of subsection (1)(d), the period stated in the disciplinary notice must be—

        (a)     if an immediate suspension notice is also served under section 168, a period of at least 14 days after the day on which the disciplinary notice is served on the person;

        (b)     in any other case, a period of at least 28 days after the day on which the disciplinary notice is served on the person.

    (3)     In deciding whether to take disciplinary action, the Safety Director must consider any response given to the Safety Director in accordance with subsection (1)(d).

    (4)     If the Safety Director is satisfied that grounds for taking disciplinary action against a person who holds a permission have been established, the Safety Director may—

        (a)     take any disciplinary action of which notice was given in the disciplinary notice or any disciplinary action that is of lesser severity than that of which notice was given in the disciplinary notice; and

        (b)     in any case—

              (i)     direct the person to undertake particular training; or

              (ii)     reprimand the person.

    (5)     The Safety Director must, as soon as practicable, serve written notice on the person who holds a permission of the decision with respect to taking, or not taking, disciplinary action and, if the decision is to take disciplinary action, of—

        (a)     the disciplinary action being taken; and

        (b)     the date, which must not be earlier than 7 days after the day on which the notice under this subsection is served, on which any cancellation, suspension, disqualification or new or amended condition, limitation or other restriction takes effect.