South Australian Repealed Acts

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This legislation has been repealed.

MEDICAL PRACTICE ACT 2004 - SECT 56

56—Constitution of Tribunal for purpose of proceedings

        (1)         The Tribunal will, for the purpose of hearing and determining proceedings, be constituted of—

            (a)         the President or a Judge of the District Court (who will preside over the proceedings); and

            (b)         2 members of the Tribunal who are medical practitioners; and

            (c)         a member of the Tribunal who is not a medical practitioner.

        (2)         The members of the Tribunal referred to in subsection (1)(b) and (c) will, for the purposes of any particular proceedings, be selected by the person presiding over the proceedings.

        (3)         The Tribunal, separately constituted in accordance with this section, may sit simultaneously for the purpose of hearing and determining separate proceedings.

        (4)         If a member of the Tribunal as constituted under this section (other than the person presiding over the proceedings) dies or is for any other reason unable to continue with the proceedings before the Tribunal, the Tribunal constituted of the remaining members may, if the person presiding over the proceedings so determines, continue and complete the proceedings.

        (5)         The Tribunal constituted of the person presiding over the proceedings may, sitting alone—

            (a)         deal with—

                  (i)         preliminary, interlocutory or procedural matters; or

                  (ii)         questions of costs; or

                  (iii)         questions of law; or

            (b)         enter consent orders,

and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the person considers appropriate.

        (6)         Any questions of law or procedure arising before the Tribunal will be determined by the person presiding over the proceedings and any other questions by unanimous or majority decision of the members (unless there is an equal division of opinion, in which case, the decision of the person presiding over the proceedings will be the decision of the Tribunal).



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