Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2006 No. 48 - SECT 37

37 Replacement of s 15G (Registrar of tribunal)

Section 15G--

omit, insert--

'The registrar of the board is the registrar of the tribunal.

'For proceedings before it, the tribunal--

(a) must comply with natural justice; and
(b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issue before it; and
(c) is not bound by the rules of evidence.

'(1) For proceedings before it, the tribunal may--

(a) take evidence on oath; or
(b) require a person who is to give evidence before the tribunal to take an oath; or
(c) administer an oath to a person who is to give evidence before the tribunal.

'(2) The oath to be taken or made by a person is an oath that the evidence the person will give will be true.

'(1) The registrar of the tribunal may, by written notice (an attendance notice) given to a person, require the person to attend the tribunal at a stated reasonable time and place--

(a) to give evidence or answer questions; or
(b) to produce a stated thing.

'(2) A party to a proceeding may apply to the registrar of the tribunal, in the approved form, for an attendance notice to be given to a person.

'(3) The registrar of the tribunal must give the attendance notice to the person unless the tribunal reasonably believes it is unnecessary or inappropriate to do so.

'(1) This section applies if a person is to give evidence before the tribunal in a proceeding.

'(2) The tribunal may direct that the person be excluded from a part or all of the proceeding until the person gives evidence if the tribunal reasonably believes the person's attendance before giving evidence would seriously prejudice the fairness of the proceeding.

'(1) A witness who appears before the tribunal in a proceeding--

(a) may, before giving evidence, ask the tribunal to decide the amount to be paid to the witness for expenses; and
(b) is entitled to be paid the allowance prescribed under a regulation for attendance before the tribunal.

'(2) The expenses and allowance must be paid by the party calling the witness.

'(3) The tribunal may decide not to compel the witness to give his or her evidence until the relevant party has paid the expenses and allowance or given security to the tribunal for the expenses and allowance.

'(1) If a thing is produced to the tribunal in a proceeding, the tribunal may inspect it.

'(2) The tribunal may do all or any of the following if the tribunal considers the thing may be relevant to the proceeding--

(a) photograph the thing;
(b) for a document--make a copy of, or take an extract from, the thing;
(c) keep the thing while it is necessary for the proceeding and any appeal relating to the proceeding.

'(3) If the tribunal keeps the thing, it must permit a person otherwise entitled to possession of the thing to--

(a) for a document--inspect, make a copy of, or take an extract from, the document at the reasonable time and place the tribunal decides; and
(b) for another thing--inspect or photograph the thing at the reasonable time and place the tribunal decides.

'The tribunal must keep, in the way it considers appropriate, a record of evidence given to it in a proceeding.

'(1) This section applies to the tribunal in making a decision on a proceeding before it about--

(a) a charge alleging misconduct in a professional respect against a veterinary surgeon; or
(b) whether or not a veterinary surgeon's name should be removed from the register of veterinary surgeons because he or she is medically unfit to practise veterinary science.

'(2) In making its decision, the tribunal--

(a) must have regard to any relevant previous decisions of which the tribunal is aware about the veterinary surgeon by the tribunal, the board or a committee; and
(b) may have regard to any relevant previous decisions about the veterinary surgeon by a foreign disciplinary body.

'(3) For subsection (2)(a), the tribunal may access the previous decisions of the board or a committee and the reasons for the decision.

'(4) Subsection (2) does not limit the matters the tribunal may consider in making its decision.

'(5) In this section--

committee means a committee of medical practitioners appointed under section 22D(1).

foreign disciplinary body means an entity established under the law of another State or a foreign country having functions similar to the functions of the tribunal or board.

'(1) As soon as practicable after the tribunal makes a decision on a proceeding before it, the registrar of the tribunal must give written notice of the decision to the parties to the proceeding.

'(2) The notice must state--

(a) the decision; and
(b) the reasons for the decision, including the reasons for any order made or other action taken by the tribunal under section 22E; 6 and
(c) if a party to the proceeding may appeal under section 22H against the decision--
(i) that the party may appeal against the decision to the District Court; and
(ii) how to appeal.

'A decision of the tribunal on a proceeding before it is binding on the parties to the proceeding.

'(1) In a proceeding before it, the tribunal may make any decision about costs it considers appropriate.

'(2) However, the costs allowable are only--

(a) the costs that would be allowable if the proceeding were a proceeding in the District Court;7 and
(b) if the board conducted an investigation of a matter before referring the matter for hearing by the tribunal--the cost to the board of conducting the investigation.

'(3) Without limiting subsection (1), in making a decision about an order for costs, the tribunal--

(a) must take into consideration the cost of any investigation for the matter the subject of the proceeding; and
(b) must not take into consideration the amount of a penalty, if any, imposed on a veterinary surgeon in the proceeding.

'(4) A party to a proceeding is not entitled to costs merely because--

(a) the party was the beneficiary of an order of the tribunal; or
(b) the party was legally represented at the proceeding.

'(1) A member of the tribunal has, in the performance of his or her functions for the tribunal, the same protection and immunity as a District Court judge performing the functions of a judge.

'(2) A party appearing before the tribunal has the same protection and immunity as the party would have if the proceeding were a proceeding in the District Court.

'(3) A witness appearing before the tribunal has the same protection and immunity as a witness in a proceeding in the District Court.

'(4) In this section--

party includes a party's lawyer or agent.

'A person must not, without reasonable excuse--

(a) insult a member of the tribunal in relation to the performance of his or her functions for the tribunal; or
(b) interrupt a proceeding before the tribunal; or
(c) create a disturbance. or take part in creating or continuing a disturbance, in or near a place the tribunal is sitting; or
(d) do anything else that would, if the tribunal were a court of record, be a contempt of court.

Maximum penalty--100 penalty units.

'(1) A person must not obstruct or improperly influence the conduct of a proceeding before the tribunal.

Maximum penalty--100 penalty units.

'(2) In this section--

influence includes attempt to influence.

obstruct includes hinder, resist and attempt to obstruct.'.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback