Investigations Rule 13 (of the 2019 IP Rules*)
Any decision of the Investigations Panel either following consideration or reconsideration shall be considered by it if the Registrar requests such a reconsideration. Such a request shall be made in writing on the basis of advice by the Presenter or the availability of new evidence. A decision of the Investigations Panel shall be deemed provisional and not a decision within section 14(2) of the Act until a report to the Professional Conduct Committee has been made.
Guidance
Whether or not any new evidence submitted shall be sufficient to cause a request for reconsideration shall be at the sole discretion of the Registrar. Further submissions from parties do not in themselves amount to new evidence.
In making his or her decision the factors that will be taken into account by the Registrar are:
1) the material relevance of the new evidence to the original decision of the Investigations Panel;
2) the time elapsed since the original decision of the Investigations Panel, and when the new evidence became available;
3) the prospect that the new evidence will lead to the Investigations Panel reaching a different decision on any of the elements of the case;
4) whether the public interest in reopening the case outweighs the architect’s reasonable expectation that the case has been concluded.
*An updated set of Investigations Panel Rules came into force on 1st April 2022. The above Rule will only apply in cases where the complaint was submitted to ARB before 1st April 2022.
