Bias The basic rules of natural justice apply to enquiries in respect of professional misconduct. The principle that a person may not be a judge in his own case is a basic rule of justice. The decision maker must not be biased or be in a position that he might appear to be biased or compromised. In the context of professional misconduct investigations and enquires, […]
Professional Regulatory Complaints It is a common feature of the regulation of professions that there is provision for complaint by members of the public/clients. The complaints may relate to relatively minor failures of service to serious misconduct sufficient to justify striking off or removal of the licence to practise from the practitioner concerned. Complaints may range from breaches of codes of conduct in relatively minor […]
Overview Many types of businesses or activities must be licensed. The licensing scheme will make it a requirement that a valid licence is held in order to lawfully conduct the business or activity. Licences are issued by a governmental or government-approved body or authority. The licence sets out the terms and conditions on which the relevant business or activity may be carried out. Licence holders […]
Statutory Regulation A number of professions are regulated by bodies set up under legislation. In some other cases, particular private bodies effectively regulate the professions on the basis of the private rules of their particular association. In the case of legislative regulation, there is generally a monopoly for members of the statutory body or association. It is unlawful to practice the particular professional or occupation without […]
Sanctions and Courts Many breaches of regulatory legislation comprise a criminal offence. Many regulatory offences may be tried either summarily or on indictment in the Circuit Court, with a jury. This choice is usually one for the prosecutor / regulatory authority. The District Court has the power to try cases summarily. However, the District Court may decide that the matter is not, in fact, minor […]
Licensing Schemes Licensing schemes are provided for a range of public policy reasons. There is generally a need to protect the public, so that only persons who are qualified and regulated may undertake a particular activity. The public is protected by ensuring that persons conducting the relevant activity are of good character and are subject to on-going requirements and conditions. The nature of licensing and […]