General Issues

Regulatory Offences

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.… Read the rest

Regulated Professions Hearings

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.… Read the rest

Licensing Decisions

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. … Read the rest

Licensing

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. … Read the rest

Complaints Regulated Professions

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.… Read the rest

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