Western Australian Numbered Acts

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MEDICAL PRACTITIONERS ACT 2008 (NO. 22 OF 2008) - SECT 115

115 .         Constitution of State Administrative Tribunal

        (1)         When the State Administrative Tribunal is exercising jurisdiction under this Act, it is to be constituted by 4 members specified by the President being —

            (a)         one person who is a legally qualified member; and

            (b)         2 persons who are medical practitioners with extensive or special experience as medical practitioners; and

            (c)         one person who is not a medical practitioner but is familiar with the interests of medical practitioners or has knowledge and experience enabling understanding of those interests.

        (2)         In subsection (1)(b) "medical practitioner" does not include an interstate practitioner or a defence force medical officer.

        (3)         Despite subsection (1), the President can specify that the Tribunal is to be constituted by 5 members if the President is satisfied that it is appropriate to do so in particular circumstances and the additional member is to be a person of a kind referred to in subsection (1)(a) or (c) specified by the President.

        (4)         The member specified under subsection (1)(a) is to be the presiding member.

        (5)         Subsections (1), (3) and (4) do not apply when the Tribunal is holding a directions hearing or other procedural hearing.

        (6)         Terms used in this section relating to the Tribunal have the meaning given to them in the State Administrative Tribunal Act 2004 section 3(1).



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