Member conduct
16 May 2008

Ethical standards clinic

At the hearing, the subject member challenges the jurisdiction of the Committee in being able to hear the case because she considers that the document supporting the complaint was stolen from her. How should the Committee respond?

There is unlikely to be any evidence as to whether or not the document was stolen, and it is not the role of the Committee to determine any such evidence or allegation about the complainant. The Committee should make this clear to the subject member. In relation to the jurisdiction issue, the Committee are considering the Investigator’s report which is likely to be based on and supported with evidence that has been properly and lawfully obtained. Therefore the Committee has proper jurisdiction to consider that report. The Committee’s powers do not extend to being able to determine whether documents were stolen.