Part 3Discipline and offences
Discipline: Procedure and miscellaneous matters
116Appointment of persons to assist investigator
For the purposes of assisting the investigator in the performance of the investigator’s functions under this subpart, the Registrar may appoint any person (the appointed person) to assist the investigator.
The Board must pay to the appointed person, by way of remuneration and expenses for his or her services, the sum that is agreed upon between the appointed person and the Registrar.
The investigator may delegate any of the functions or powers of the investigator, either generally or specifically, to the appointed person.
The appointed person may, unless the delegation provides otherwise, perform the function or exercise the power in the same manner, subject to the same restrictions, and with the same effect as if the appointed person were the investigator.
If the appointed person purports to perform a function or exercise a power under a delegation, the appointed person—
- is, in the absence of proof to the contrary, presumed to do so in accordance with the terms of that delegation; and
- must produce evidence of his or her authority to do so, if reasonably requested to do so.
No delegation under this section—
- affects or prevents the performance of any function or the exercise of any power by the investigator; or
- affects the responsibility of the investigator for the actions of the appointed person acting under the delegation.