| (1) |
The Council must appoint one or more investigating officers, which meet such criteria as may be prescribed, in order to investigate any charge of improper conduct under this Act. |
| (2) |
The Council must, as soon as is reasonably possible, when— |
| (a) |
a complaint, charge or allegation of improper conduct has been brought against a registered person; or |
| (b) |
it has reasonable grounds to suspect that a registered person is guilty of improper conduct, |
refer the matter to an investigating officer.
| (3) |
The investigating officer must at the request of the Council— |
| (a) |
investigate the matter; and |
| (b) |
obtain evidence to determine whether or not the registered person concerned should be charged and, if so, must recommend to the Council what the appropriate charge should be. |
| (4) |
An investigating officer may not question the registered person concerned unless the investigating officer informs that person that he or she— |
| (a) |
has the right to be assisted or represented by another registered person or a legal representative; and |
| (b) |
is not obliged to make any statement and that any statement made may be used in evidence against him or her. |
| (5) |
The investigating officer must, after the conclusion of the investigation, submit a report, together with his or her recommendations, to the Council regarding any matter referred to the Council in terms of this section. |
Basic Conditions of Employment Act, 1997
