Common use of Investigative procedure Clause in Contracts

Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness. (b) The Health Service will: (i) advise the Doctor of the concerns and allegations in writing; (ii) provide the Doctor with all material which forms the basis of the concerns before seeking a response; (iii) ensure the Doctor is provided a reasonable opportunity to answer any concerns including a reasonable time to respond; (iv) advise the Doctor of their right to have a representative, including an Association representative; (v) ensure that the reason for any interview is explained; and (vi) take reasonable steps to investigate the Doctor’s response. (c) Where the Health Service has complied with subclause 13.3(b)(i) - 13.3(b)(iv) and the Doctor does not dispute the concerns, the Doctor may opt to decline the opportunity to be interviewed. (d) Where the Doctor opts to decline the opportunity to be interviewed, the Doctor may still raise matters under clause 13.4(c) including matters in mitigation if a disciplinary procedure (see clause 13.4) is proposed. (e) Where the Doctor is being stood down by a Health Service during a process set out in this clause 13, the Doctor will receive ordinary pay for their rostered hours as if the Doctor was not stood down by the Health Service.

Investigative procedure. (a) The purpose of an investigative procedure is to conclude whether, on balance, concerns regarding conduct or performance are well-founded and supported by evidence. An investigation procedure must be fair including proper regard to procedural fairness. (b) The Health Service will: (i) advise the Doctor of the concerns and allegations in writing; (ii) provide the Doctor with all material which forms the basis of the concerns before seeking a response; (iii) ensure the Doctor is provided a reasonable opportunity to answer any concerns including a reasonable time to respond; (iv) advise the Doctor of their right to have a representative, including an Association representativea representative of the Association; (v) ensure that the reason for any interview is explained; and (vi) take reasonable steps to investigate the Doctor’s response. (c) Where the Health Service has complied with subclause 13.3(b)(i12.3(b)(i) - 13.3(b)(iv– 12.3(b)(iv) and the Doctor does not dispute the concerns, the Doctor may opt to decline the opportunity to be interviewed. (d) Where the Doctor opts to decline the opportunity to be interviewed, the Doctor may still raise matters under clause 13.4(csubclause 12.4(c) including matters in mitigation if a disciplinary procedure (see clause 13.4subclause 12.4) is proposed. (e) Where the Doctor is being stood down by a Health Service during a process set out in this clause 1312, the Doctor will receive ordinary pay for their rostered hours as if the Doctor was not stood down by the Health Service.