Clause 27

Any information obtained by a Disciplinary Committee during a formal inquiry, the record of a Disciplinary Committee’s proceedings mentioned in section 51(16), and the report made by a Disciplinary Committee to the Oversight Committee (each called in this section a record of proceedings), is confidential and must not be disclosed (whether in whole or in part) to any person except —

with the consent of the Oversight Committee;

where the information is publicly available; (c)where the disclosure is required by or for any purpose under this Act; or

when ordered by a court.(2) Nothing in subsection (1) prevents —

a public accountant from disclosing —

the whole or any part of any record of proceedings in the public accountant’s possession; or

any document in the public accountant’s possession which he or she submitted to the Disciplinary Committee for the purposes of the formal inquiry; or

an accounting entity from disclosing —

the whole or any part of any record of proceedings in its possession; or

any document in its possession which it submitted to the Disciplinary Committee for the purposes of the formal inquiry,for the purpose of seeking legal advice or assistance in relation to or connected with the disciplinary proceedings concerned, or any appeal or other legal proceedings following the conclusion of the disciplinary proceedings.Pre-hearing conferences by Disciplinary Committee51B.—

The Disciplinary Committee may by written notice direct both of the following persons to attend a pre‑hearing conference in relation to its formal inquiry:

the public accountant or accounting entity (as the case may be) against whom the complaint was made or in relation to whom the information was referred to the Disciplinary Committee;

the advocate and solicitor appointed by the Oversight Committee to prosecute the complaint or act as a legal adviser to the Disciplinary Committee.(2) At the pre‑hearing conference —

the public accountant may appear in person, or be represented by counsel; or

the accounting entity may be represented by any of its individual practitioners, or be represented by counsel.(3) The quorum for a meeting of the Disciplinary Committee in respect of a pre‑hearing conference is constituted by the chairperson and at least 2 other members of the Disciplinary Committee.(4) At the pre‑hearing conference, the Disciplinary Committee may —

require the parties to provide the Disciplinary Committee with any information or document that the Disciplinary Committee requires; and

give any direction that appears to be necessary or desirable for the determination of any issue at the formal inquiry.”.