Section 28
Procedure to be followed by the Board
Makes the Board a digital-by-design office with civil court powers, natural justice obligations and the ability to award costs against frivolous complaints.
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What it says
- 01
- The Board functions as an independent, digital-by-design office. It determines whether there are sufficient grounds to proceed, conducts inquiry in accordance with natural justice, and has the powers of a civil court for summoning witnesses, receiving evidence and inspecting documents.
- 02
- It may issue interim orders after recording reasons, and on completing an inquiry it may close the proceedings or proceed to impose a penalty under s.33. It may impose costs where a complaint is found to be false or frivolous.
Read next
s.27Powers and functions of the BoardSets out what the Board actually does: acts on breach intimations and complaints, inquires, directs remedial measures and imposes penalties.s.33PenaltiesEmpowers the Board to impose the monetary penalties in The Schedule where a breach is significant, and lists the factors that set the amount.s.29Appeal to the Appellate TribunalGives a sixty-day right of appeal from a Board order to the Appellate Tribunal, which is the TDSAT.Rule 20Functioning of the Board as a digital officeRequires the Board to operate as a digital office, including hearings conducted digitally.
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