Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 103

Rights of persons under review at hearings--individuals

  (1)   A person under review who is an individual (whether or not a practitioner) is entitled, subject to any reasonable limitations or restrictions that the Committee may impose:

  (a)   to attend the hearing; and

  (b)   to be accompanied by a lawyer or another adviser; and

  (c)   to call witnesses to give evidence (other than evidence as to the person's character); and

  (d)   to produce written statements as to the person's character; and

  (e)   to question a person giving evidence at the hearing; and

  (f)   to address the Committee on questions of law arising during the hearing; and

  (g)   after the conclusion of the taking of evidence, to make a final address to the Committee on questions of law, the conduct of the hearing and the merits of the matters to which the hearing relates.

  (2)   A lawyer accompanying the person under review is entitled, on behalf of the person under review, subject to any reasonable limitations or restrictions that the Committee may impose:

  (a)   to give advice to the person under review; and

  (b)   to address the Committee on questions of law arising during the hearing; and

  (c)   subject to subsection   (4), after the conclusion of the taking of evidence, to make a final address to the Committee on questions of law, the conduct of the hearing and the merits of the matters to which the hearing relates.

  (3)   The Committee may allow an adviser (other than a lawyer) of the person under review, subject to any reasonable limitations or restrictions that the Committee may impose:

  (a)   to give advice to the person under review; and

  (b)   subject to subsection   (4), after the conclusion of the taking of evidence, to make, on behalf of the person under review, a final address to the Committee on the merits of the matters to which the hearing relates.

  (4)   If the person under review is accompanied both by a lawyer and by an adviser who is not a lawyer, a final address to the Committee may be made either by the lawyer or by the other adviser, but not by both of them.

  (5)   Any fees or expenses in respect of the services of a lawyer or other adviser accompanying the person under review or in respect of witnesses called by that person are payable by that person.


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