Which key factors guide the Hearing Officer while deciding penalties?

When a Hearing Officer under the PERA Act 2024 decides penalties, the process is not arbitrary. Instead, the law guides them to apply a balanced, fair, and proportionate approach. The following key factors must be considered:

1. 
   

   Gravity of the offence – How serious is the violation? A minor infraction cannot be penalized in the same way as a severe breach of law.

   
   


2. 
   

   Duration of the offence – Whether it was a one-time act or a prolonged violation. Continuous misconduct is treated more severely.

   
   


3. 
   

   Impact on society or individuals – The harm caused to the public, environment, or institutions is central to the penalty decision.

   
   


4. 
   

   Past record of the offender – A repeat offender receives stricter penalties compared to a first-time violator.

   
   


5. 
   

   Age of the offender – Consideration is given to whether the person is very young or elderly, which may affect the nature of punishment.

   
   


6. 
   

   Gender of the offender – To ensure sensitivity and proportionality, gender may also be factored in.

   
   

These criteria reflect the principle of equity and justice in administrative law. Instead of imposing a rigid penalty, the Hearing Officer applies judicial reasoning by balancing aggravating and mitigating factors. This prevents unjust or excessive punishment.

For instance, if a person commits a violation unintentionally and has no prior record, the penalty may be lighter. On the other hand, if someone repeatedly commits offences causing public harm, the punishment will be more stringent.

By embedding these factors into the law, the PERA Act 2024 ensures that penalties are just, transparent, and fair, protecting both public interest and individual rights.