Conference Agenda Oct 2021 PRINT - Flipbook - Page 52
consider any reasonable request from
the Respondent or Complainant to not be
present at the hearing at the same time as
the other party.”
5.6 The Complaints Manager must provide a copy of the
notification mentioned in clause 5.2 to the Chair and
Deputy Chair of the Committee.
6. Process for Hearing of a complaint by the
Committee
6.1 The quorum for Committee meetings is four excluding
the Investigators. The Investigators will not be allowed
to take part in the deliberation.
6.2 The Committee must take account of any response
submitted by the Respondent by the deadline specified
in 5.3.
A10 proposed change: After “submitted
by the”, insert “Complainant and/or” so
that it reads: “The Committee must take
account of any response submitted by the
Complainant and/or Respondent by the
deadline specified in 5.3.”
6.3 If the Respondent attends the Committee, the
Committee will hear them in person and any evidence
they may bring as part of the consideration of the
complaint. If the Respondent has brought another
member of the Party, to assist them in presenting
their case to the Committee that other member will be
permitted to assist the Respondent under the same
principles that pertain with a McKenzie friend. The
Respondent may be asked questions by any member
of the Committee taking part in the hearing.
A10 proposed change: Replace the first
“Committee” with “hearing”. And after
“any evidence they may bring as part
of the consideration of the complaint.”
Insert as per 4.9 above, “, however no
new evidence will be admissible” so that
it reads: “If the Respondent attends the
hearing, the Committee will hear them
in person and any evidence they may
bring as part of the consideration of the
complaint, however no new evidence
will be admissible. If the Respondent has
brought another member of the Party, to
assist them in presenting their case to
the Committee, that other member will be
permitted to assist the Respondent under
the same principles that pertain with a
McKenzie friend9. The Respondent may
be asked questions by any member of the
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Committee taking part in the hearing.
6.4 If the Complainant attends the Committee, the
Committee will hear them in person as part of the
consideration of the complaint. If the Complainant
has brought another member of the Party to assist
them that other member will be permitted to assist
them under the same principles that pertain with
a McKenzie friend. The Complainant may be asked
questions by any member of the committee taking
part in the hearing.
A10 proposed change: Replace the first
“Committee” with “hearing”. And after
“any evidence they may bring as part
of the consideration of the complaint.”
Insert as per 4.9 above, “, however no
new evidence will be admissible” so that
it reads: “If the Complainant attends the
hearing, the Committee will hear them
in person as part of the consideration of
the complaint, however no new evidence
will be admissible. If the Complainant
has brought another member of the
Party to assist them that other member
will be permitted to assist them under
the same principles that pertain with a
McKenzie friend9. The Complainant may
be asked questions by any member of the
committee taking part in the hearing.”
6.5 Either the Complainant or Respondent may be
requested to give evidence at the hearing. If the
Complainant is requested to attend the Respondent
should also be requested to attend subject to clause
5.5.
A10 proposed change: Delete this clause
and renumber subsequent clauses.
6.6 Witnesses may also be asked to attend and will be
informed in advance of the format of the hearing.
6.7 The Complainant shall not be entitled to ask questions
of the Respondent, who will not themselves be
entitled to ask questions of the Complainant.
6.8 If the Committee so wishes, the Complaints Manager
may be asked to be present in an advisory capacity.
However they will not take part in the deliberations at
the hearing of the complaint.
6.9 Where the complaint brought by the Complaints
Manager has originated in information being
brought to their attention by another member (the
Complainant), the Chair of the Committee may invite
the Complainant to also attend the meeting at which
the complaint is considered and give evidence to that