Professional Conduct Inquiry/Hearing
Serious or unresolved matters may be referred to a Fitness to Practise Panel.
The Panel should consist of individuals capable of independently and objectively considering the evidence.
Where appropriate, the Panel may include professional members and independent or public representatives.
Individuals with a material conflict of interest must not participate in determining the case.
The hearing
The Panel may consider:
- the original complaint;
- the registered professional's response;
- documentary evidence;
- witness evidence;
- expert evidence where required;
- relevant professional standards;
- previous relevant disciplinary history where appropriately admissible;
- mitigating and aggravating circumstances;
- evidence of remediation;
- insight demonstrated by the professional; and
- potential risk to clients or the public.
The registered professional must be given a reasonable opportunity to respond to the allegations and evidence.
Standard of proof
Unless applicable law requires otherwise, IPR professional conduct findings should be determined on the balance of probabilities — whether it is more likely than not that the alleged conduct occurred.
Possible findings
A Panel may determine:
- No Case to Answer — The evidence does not justify further action.
- Not Proven — The allegation has not been established on the applicable standard of proof.
- Proven — No Further Action — A breach occurred but the circumstances do not require a formal sanction.
- Proven — Advice or Guidance — Professional guidance is provided.
- Proven — Warning — A formal warning is issued.
- Proven — Conditions of Practice — Conditions may be imposed on continued registration.
- Suspension — Registration may be suspended for a specified period.
- Removal From the IPR Public Register — In the most serious cases, registration may be terminated and the professional removed from the IPR Public Register.
Details of conditions, suspension, removal and interim protective measures are set out under Sanction/Outcome. A registered professional should also have access to an appropriate review or appeal following a professional-conduct decision.