Australian Capital Territory Numbered Acts

HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 59

    (1)     The health professions tribunal president, or a person authorised in writing by the president, may, by written notice given to a person, require the person to appear before the tribunal at a stated time and place to give evidence or produce stated documents.

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

    (2)     A person who is given a notice under subsection (1) must—

        (a)     attend as required by the notice; and

        (b)     continue to attend as required by the health professions tribunal president until excused from further attendance.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     At a hearing, the health professions tribunal may take evidence on oath or affirmation and, for that purpose, the president may—

        (a)     require a witness at the hearing either to take an oath or make an affirmation; and

        (b)     administer an oath or affirmation to a witness at the hearing.

    (4)     At a hearing, the health professions tribunal president may require a witness—

        (a)     to answer a question put to the witness; or

        (b)     to produce a document or anything else relevant to the hearing.

    (5)     A witness at a hearing must not, without reasonable excuse, fail—

        (a)     to take an oath or make an affirmation when required to do so by the health professions tribunal president under subsection (3) (a); or

        (b)     to give evidence when required to do so by the president under subsection (4).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.