Australian Capital Territory Numbered Acts

HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 62

    (1)     This section applies to an application to the health professions tribunal if—

        (a)     the application is about whether a health professional—

              (i)     is contravening, or has contravened, the required standard of practice; or

              (ii)     does not satisfy the suitability to practise requirements; or

              (iii)     has the insurance (if any) required under the regulations; and

        (b)     the health professional admits each matter raised; and

        (c)     the tribunal considers it may be appropriate to not conduct an inquiry before making a decision on the matter.

    (2)     The health professions tribunal may give each party to the proceeding on the application written notice to the effect that—

        (a)     the tribunal proposes to make a decision on the application without conducting an inquiry; and

        (b)     if the party wishes to make representations in relation to the proposal—the party must make the representations within 21 days after the day the notice is given.

    (3)     The health professions tribunal may decide not to conduct an inquiry in relation to the application only if the tribunal—

        (a)     has given notice under subsection (2); and

        (b)     has taken into consideration any representation made by a party to the proceeding on the application within the 21 days; and

        (c)     is satisfied that it is in the public interest to not conduct an inquiry; and

        (d)     is satisfied that it has sufficient information to make an informed decision on the application.