SCHEDULE 3 - Powers and procedures of committees of inquiry and disciplinary committees

Sections 23(4) and 43(6)

1.    Interpretation

In this Schedule –

committee means a committee of inquiry or disciplinary committee;

proceedings includes inquiries and investigations.

2.    Powers

A committee may –

(a) summon any person to appear before it to give evidence and produce any document specified in the summons; and

(b) require any person appearing before it to produce any document; and

(c) require any person appearing before it to give evidence on oath or affirmation; and

(d) require any person appearing before it to answer questions; and

(e) proceed with and determine any proceedings notwithstanding the absence of a person who has been summoned to appear; and

(f) adjourn the hearing of any proceedings from time to time and from place to place.

3.    Procedure

A committee –

(a) must conduct its proceedings with as little formality and with as much expedition as a proper consideration of the matter before it permits; and

(b) is not bound by the rules of evidence; and

(c) may inform itself on any matter in any way it considers appropriate; and

(d) must observe the rules of natural justice.

4.    Medical examinations

(1) In this clause,

medical examination includes an examination of the physical, psychological and mental capacities of a person.

(2) A committee, by notice, may require an applicant or defendant to have a medical examination at the Board's expense.

(3) Notwithstanding subclause (2) , a disciplinary committee must not require a defendant to have a medical examination unless, having regard to the matter being investigated, it is reasonable to require that examination.

(4) A notice under subsection (2) is to specify –

(a) the name of the medical practitioner or other health care provider who is to carry out the medical examination; and

(b) the date, time and place of the medical examination.

(5) The time and place specified for a medical examination must be reasonable.

(6) The medical practitioner or other health care provider who carries out the medical examination must provide the committee and the person examined with a written report of the results of that examination.

5.    Proceedings to be open to public

(1) Except as provided in subclause (2) , the proceedings of a committee are to be open to the public.

(2) A committee hearing any proceedings may, on the application of a party to the proceedings or on its own motion, do either or both of the following if it considers that there are compelling grounds to do so:

(a) make an order excluding any person from the hearing;

(b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in respect of the proceedings.

(3) Without limiting the range of grounds that may be relevant for the purposes of subclause (2) , a committee may exercise its power under that subclause if –

(a) it is dealing with privileged information or information that has been communicated to the Board or the committee in confidence; or

(b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered practitioner; or

(c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered practitioner or any other person.

6.    Representation, &c.

(1) An applicant is entitled to attend an inquiry and to be represented by a legal practitioner or any other person.

(2) A defendant is entitled to attend an investigation and to be represented by a legal practitioner or any other person.

(3) The Board, at its own expense, may appoint a legal practitioner to assist a committee in conducting any proceedings.

(4) The Secretary may –

(a) become a party to any proceedings; and

(b) be represented in the proceedings by an employee of the Department.