Section 2Part 0 — SCHEDULE 2
SCHEDULE 2 - Procedure and powers of the designated authority
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Procedure in respect of investigations
The designated authority may adopt whatever procedure the authority considers appropriate to the circumstances of a particular case and, subject to the provisions of this Law, may obtain information from such person and in such manner and make such enquiries as the authority thinks fit.
Nothing in this Law shall be construed as requiring the designated authority to hold any hearing.
Regulations made under this Law may prescribe the practice and procedure to be adopted at any hearing.
Evidence
Subject to the provisions of sub-paragraph (5), the designated authority may at any time require any person who, in the opinion of the designated authority, is able to give any assistance in relation to an investigation in respect of any disclosure made pursuant to this Law, to furnish such information and produce any document or thing in connection with such investigation as may be in the possession or under the control of that person.
Subject as aforesaid, the designated authority may summon before the authority and examine on oath —
any person who has made representations to the authority; or
any other person who, in the opinion of the designated authority, is able to furnish information relating to the investigation,
and such examination shall be deemed to be a judicial proceeding.
For the purpose of an investigation under this Law, the designated authority shall have the same powers as a Judge of the Grand Court in respect of the attendance and examination of witnesses and the production of documents.
No person shall, for the purpose of an investigation, be compelled to give any evidence or produce any document or thing which he could not be compelled to give or produce in proceedings in any court of law.
Designated authority not to disclose certain information
Information obtained by the designated authority or his officers in the course of or for the purposes of an investigation under this Law shall not be disclosed except —
for the purposes of the investigation and of any report to be made on the investigation under this Law;
for the purposes of proceedings (or possible proceedings) for an offence of perjury connected with an investigation under this Law; or
for the purposes of any proceedings under section 18,
and the designated authority and his officers shall not be called upon to give evidence in any proceedings (other than such proceedings as aforesaid) of matters coming to his or their knowledge in the course of an investigation under this Law.
The Governor acting in his discretion may give notice in writing to the designated authority, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in the opinion of the Governor acting in his discretion the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the Islands or otherwise contrary to the public interest.
Where a notice is given under sub-paragraph (2) nothing in the Law shall be construed as authorising or requiring the designated authority or any officer of the designated authority to communicate to any person for any purpose any document or information specified in the notice or any document or information of a class so specified.
Procedure after investigation
After conducting an investigation under this Law, the designated authority shall, in writing, inform the person who made the disclosure of the result of that investigation and make such recommendations as the authority considers necessary in respect of the matter which was investigated.
Where, after conducting an investigation under this Law, the designated authority has determined that the employee has suffered detriment the designated authority may make recommendations to the employer or to the Deputy Governor in the case of an employee of a civil service entity, and such recommendation may include directions to take one or more of the following measures to —
permit the employee to return to his duties;
reinstate the employee or pay compensation to the employee in lieu of reinstatement if, in the designated authority's opinion, the relationship of trust between the parties cannot be restored;
pay to the employee compensation in an amount not greater than the amount that, in the designated authority's opinion, is equivalent to the damage that the employee has suffered by reason of the reprisal;
rescind any measure or action, including any disciplinary action, and pay compensation to the employee in an amount not greater than the amount that, in the designated authority's opinion, is equivalent to any financial or other penalty imposed on the employee;
pay to the employee an amount equal to any expenses and any other financial losses incurred by the employee as a direct result of the reprisal; or
compensate the employee, by an amount of not more than ten thousand dollars, for any pain and suffering that the employee experienced as a result of the reprisal.
Where the designated authority has made a recommendation under subparagraph (2) and within any time specified or a reasonable time thereafter, the designated authority is of the opinion that no adequate action has been taken to remedy the matter, the designated authority shall submit to the Governor a special report on the case where the matter involves a civil service entity and, in all cases, advise the employee of the employee's further remedies under this Law.
The designated authority shall not, in any report under subparagraph (3), comment adversely on any person unless he has given that person an opportunity to be heard either orally or in writing.
Disciplinary action recommended
If the designated authority finds, during the course of the investigation or on the conclusion thereof that there is evidence of a breach of duty or misconduct or criminal offence, the authority shall refer the matter —
to the person or persons competent to take any disciplinary proceedings;
to the Commissioner of Police in the case of a criminal offence; or
to the Governor, if the breach of duty, misconduct or a criminal offence is allegedly committed by the Commissioner of Police, the Complaints Commissioner, the Attorney General, the Auditor General, the Information Commissioner or the Director of Public Prosecution.
Cross References
- Section 18 of Unknown
section 18