Australian Capital Territory Numbered Acts

HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 58

    (1)     The health professions tribunal, formed by the president alone, may conduct a preliminary hearing of an application to the tribunal to decide interlocutory and other preliminary matters.

    (2)     In a preliminary hearing, the health professions tribunal may do 1 or more of the following:

        (a)     make orders for the conduct of the hearing of the application;

        (b)     require parties to make discovery or permit inspection of evidentiary material;

        (c)     require parties to file pleadings;

        (d)     strike out the application because it is frivolous or vexatious.

Note     The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

    (3)     If, during a preliminary hearing on an application relating to a health professional, the tribunal president is satisfied that the application should be referred to a personal assessment panel or professional standards panel, the tribunal may refer the application to the relevant health profession board for referral to the panel.

    (4)     The referral must contain directions about what the tribunal wishes to be considered or done in relation to the application.