Penalty proportionality: penalties must match breach severity, with hearing rights and mitigation for voluntary disclosure. Penalties under the Act are restricted for minor breaches and easily rectifiable documentation errors without fraud or gross negligence; penalty amounts must be commensurate with breach severity and determined on case facts. No penalty may be imposed without an opportunity to be heard, and penalty orders must specify the nature of the breach and the legal basis for the penalty. Voluntary pre-discovery disclosure is a mitigating factor. Section disciplines exclude penalties that are fixed sums or fixed percentages.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Penalty proportionality: penalties must match breach severity, with hearing rights and mitigation for voluntary disclosure.
Penalties under the Act are restricted for minor breaches and easily rectifiable documentation errors without fraud or gross negligence; penalty amounts must be commensurate with breach severity and determined on case facts. No penalty may be imposed without an opportunity to be heard, and penalty orders must specify the nature of the breach and the legal basis for the penalty. Voluntary pre-discovery disclosure is a mitigating factor. Section disciplines exclude penalties that are fixed sums or fixed percentages.
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