Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Regulations to ensure independence of adjudicators | ||
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78. (1) The Minister shall make regulations prescribing requirements to be imposed upon the Commission and adjudicators to implement section 77 . | ||
(2) Adjudicators shall not be involved in investigations of regulatory breaches and shall not act as authorised officers under section 39 of the Principal Act subject to such exceptions as the Minister may prescribe. | ||
(3) Regulations under this section may make further provision for the independence of adjudicators (including an effective internal separation between the functions of the Commission and the functions of adjudicators) and any such regulations shall (where appropriate) include provision for— | ||
(a) a requirement that adjudicators, and employees of the Commission tasked with assisting adjudicators, shall not communicate with authorised officers, employees and members of the Commission in respect of any proceeding relating to a regulatory breach before the Commission arising under this Act save on notice to the persons concerned in those proceedings the subject of a referral under section 68 (3)(c) or 71 , or as otherwise permitted by regulations, which may include communications relating to investigations in which the adjudicators, and employees of the Commission tasked with assisting the adjudicators, have not been nor will be involved in any decision under section 71 , | ||
(b) a requirement that documentation and other information concerning an investigation conducted under Chapter 2 which have been obtained by the Commission in the performance of its functions under this Act, shall not be disclosed to adjudicators that have been directed to make an adjudication in relation to that same investigation or to employees of the Commission or other persons (including any consultant or adviser) tasked with assisting such adjudicators save in accordance with this Act and upon notice to the persons concerned in any referral under section 68 (3)(c) or 71 , | ||
(c) arrangements for oversight by specified members or employees of the Commission for compliance by the Commission with the provisions of section 77 , | ||
(d) reporting to the Minister or the Commission by specified members or employees of the Commission or by adjudicators of any breach of section 77 and for remedying any such breach, | ||
(e) a requirement that the Commission publish policies and implement measures sufficient to identify and manage conflicts of interest on the part of— | ||
(i) adjudicators, and | ||
(ii) any employee of the Commission or other person (including any consultant or adviser) tasked with assisting an adjudicator in the performance of his or her functions under this Act, | ||
and | ||
(f) a requirement that the Chief Adjudicator and the Commission report annually to the Minister on the Commission’s compliance with the principle of independence under section 77 and any regulations made hereunder and the policies the adjudicators or the Commission have adopted in order to do so. |