Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT 1986 No. 75 of 1986 - SECT 40

40. Section 124J of the Principal Act is amended-
(a) by omitting from sub-section (2) "The Chairperson" and substituting
"Subject to sub-section (2A), the Chairperson";
(b) by omitting from sub-section (2) "practitioner" (wherever occurring)
and substituting "person";

   (c)  by inserting after sub-section (2) the following sub-section:

"(2A) Where a Committee makes a determination, under sub-section 124FA (1) or
(2) or 124FE (1) or (2), that the Committee should consider a matter in
relation to a person, the Chairperson shall, at least 28 days before the
commencement of a proposed hearing in relation to that matter, give a notice
in writing to the person setting out-

   (a)  the time and place of the proposed hearing; and

   (b)  particulars of the matter to which the proposed hearing relates.";

   (d)  by omitting from sub-section (4) "practitioner" (first occurring) and
        substituting "person";

   (e)  by omitting from paragraph (4) (a) "the practitioner" and substituting
        "a relevant party";

   (f)  by omitting from paragraph (4) (b) "practitioner" (wherever occurring)
        and substituting "relevant party";
(g) by inserting in paragraph (5) (a) "and the regulations" after "Act";

   (h)  by inserting after sub-section (5) the following sub-sections:

"(5A) A Committee may-

   (a)  conduct simultaneously a hearing pursuant to a notice under
        sub-section 23DL (4) and a hearing or hearings pursuant to a
        determination or determinations made under sub-section 124FA (1) or
        (2) in the course of proceedings in relation to that notice; and

   (b)  conduct simultaneously a hearing pursuant to a notice under
        sub-section 23DM (4) and a hearing or hearings pursuant to a
        determination or determinations made under sub-section 124FE (1) or
        (2) in the course of proceedings pursuant to that notice.

"(5B) The regulations may make provision in relation to the procedure to be
followed in conducting a hearing by a Committee pursuant to a determination
under sub-section 124FA (1) or (2) or 124FE (1) or (2).";

   (j)  by inserting in sub-section (8) "under sub-section 124E (1), (2A) or
(2B)" after " established";

   (k)  by omitting from sub-section (8) "section 124E" and substituting "that
        sub-section";

   (m)  by omitting from paragraph (8) (b) " practitioner" (wherever
        occurring) and substituting " person"; and

   (n)  by adding at the end the following sub-section:

"(10) In this section, 'relevant party', in relation to a hearing by a
Committee in relation to a person, means the person and-

   (a)  in the case of a hearing pursuant to a notice under sub-section 23DL
        (4)-any person in relation to whom the Committee makes a determination
        under sub-section 124fa (1) or (2) in the course of the proceedings
        pursuant to that notice;

   (b)  in the case of a hearing pursuant to a determination made under
        sub-section 124FA (1) or (2) in the course of proceedings pursuant to
        a notice under sub-section 23DL (4)-

        (i)    the person to whom the notice under sub-section 23DL (4)
               relates; and

        (ii)   any other person in relation to whom the Committee makes a
               determination under sub-section 124FA (1) or (2) in the course
               of those proceedings;

   (c)  in the case of a hearing pursuant to a notice under sub-section 23DM
        (4)-any person in relation to whom the Committee makes a determination
        under sub-section 124FE (1) or (2) in the course of the proceedings
        pursuant to that notice; and

   (d)  in the case of a hearing pursuant to a determination made under
        sub-section 124FE (1) or (2) in the course of proceedings pursuant to
        a notice under sub-section 23DM (4)-

        (i)    the person to whom the notice under sub-section 23DM (4)
               relates; and

        (ii)   any other person in relation to whom the Committee makes a
               determination under sub-section 124FE (1) or (2) in the course
               of those proceedings.".