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TASMANIA
__________
HEALTH PRACTITIONERS TRIBUNAL BILL 2010
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application
5. When proceedings under this Act begin and end
6. Act binds Crown
PART 2 - ESTABLISHMENT OF HEALTH PRACTITIONERS
TRIBUNAL
7. Establishment of Health Practitioners Tribunal
PART 3 - MEMBERSHIP OF TRIBUNAL
Division 1 - Chairperson and Deputy Chairperson
8. Chairperson
9. Deputy Chairperson
10. Delegation
Division 2 - Other members of Tribunal for National Law proceedings
11. Professional members of Tribunal
12. Lists of potential professional members
13. Community members of Tribunal
14. Disclosure of interest or National Law notification
[Bill 18]-XI
15. Act or proceedings valid despite defective appointment, &c.
PART 4 - CONSTITUTION OF TRIBUNAL
Division 1 - National Law proceedings
16. Jurisdiction of Tribunal in respect of matter referred under
National Law to Tribunal
17. Jurisdiction of Tribunal to hear and decide appeals against
decisions under National Law
18. Constitution of Tribunal for purposes of National Law
Division 2 - Proceedings other than National Law proceedings
19. Jurisdiction of Tribunal to hear and decide a review of decision
under Act other than National Law
20. Constitution of Tribunal for matter other than referral or appeal
under National Law
PART 5 - PROCEDURE OF TRIBUNAL
Division 1 - Preliminary procedure
21. Applications
22. Withdrawal of application
23. Summary dismissal of proceedings
24. Parties to proceedings
25. Representation
26. Effect of original decision pending review
27. Reasons for decision to be lodged by applicant
Division 2 - Nature of proceedings
28. Review to consist of fresh hearing
29. How Tribunal to deal with referred matter
30. Hearing to be open to public
Division 3 - Decisions and orders in proceedings
31. Powers of Tribunal to decide applications
32. Decision-making by Tribunal
33. Orders
34. Enforcement of orders
2
35. Correction of mistakes in orders
Division 4 - Procedure generally
36. General powers of Tribunal
37. Conduct of proceedings
38. Practice directions
39. Determinations
40. Costs
41. Vacancies in Tribunal during proceedings
Division 5 - Evidence
42. Summonses and orders to produce
43. Evidence
44. Authorisation of person to take evidence
45. Use of experts
46. Rule against self-incrimination does not apply
47. Other privileges
PART 6 - MISCELLANEOUS
48. Registrar
49. Judicial notice
50. Records of hearings
51. Publication of decisions of Tribunal
52. Appeal to Supreme Court
53. Offences
54. Secrecy
PART 7 - CONCLUDING PROVISIONS
55. Regulations
56. Annual report
57. Administration of Act
58. Consequential amendment
SCHEDULE 1 - CHAIRPERSON AND DEPUTY CHAIRPERSON
SCHEDULE 2 - PROFESSIONAL AND COMMUNITY MEMBERS
3
SCHEDULE 3 - CONSEQUENTIAL AMENDMENT
4
HEALTH PRACTITIONERS TRIBUNAL BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
24 June 2010
(Brought in by the Minister for Health, the Honourable
Michelle Anne O'Byrne)
A BILL FOR
An Act to establish the Health Practitioners Tribunal and
for related purposes
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Health
Practitioners Tribunal Act 2010.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 18] 5
Health Practitioners Tribunal Act 2010
Act No. of
s. 3 Part 1 - Preliminary
3. Interpretation
(1) In this Act, unless the contrary intention
appears -
"applicant" means a person who applies to
the Tribunal under section 21;
"Chairperson" means the Chairperson
appointed under section 8(1) and
includes the Deputy Chairperson, when
he or she is acting as the Chairperson;
"community member" means a person
appointed under section 13 to be a
community member of the Tribunal for
particular proceedings;
"Deputy Chairperson" means the Deputy
Chairperson appointed under section 9;
"function" includes duty;
"health profession" has the same meaning as
in the National Law;
"member" means -
(a) the Chairperson; and
(b) the Deputy Chairperson; and
(c) a professional member; and
(d) a community member;
"National Board" has the same meaning as
in the National Law;
6
Health Practitioners Tribunal Act 2010
Act No. of
Part 1 - Preliminary s. 3
"National Law" means the Health
Practitioner Regulation National Law
(Tasmania);
"National Law proceedings" means
proceedings in relation to an application
under section 21(1) or (2);
"notification" has the same meaning as in the
National Law;
"participating jurisdiction" has the same
meaning as in the National Law;
"professional member" means a person
appointed under section 11 to be a
professional member of the Tribunal for
particular proceedings;
"referring Act" means a law of Tasmania,
other than the National Law, by or under
which jurisdiction is conferred on the
Tribunal;
"registered health practitioner" has the
same meaning as in the National Law;
"registrar" means the person appointed to be
the registrar of the Tribunal under
section 48;
"Secretary" means the Secretary of the
department that is responsible, to the
Minister to whom the administration of
the Health Practitioner Regulation
National Law (Tasmania) Act 2010 is
7
Health Practitioners Tribunal Act 2010
Act No. of
s. 4 Part 1 - Preliminary
assigned, in relation to the administration
of that Act;
"State or Territory Board" has the same
meaning as in the National Law;
"student" has the same meaning as in the
National Law;
"Tribunal" means the Health Practitioners
Tribunal established under section 7.
(2) For the purposes of this Act, proceedings relate
to one of the health professions if -
(a) the proceedings have begun by way of an
application to the Tribunal under
section 21(1) by the National Board for
the health profession; or
(b) the proceedings have begun by way of an
application to the Tribunal under
section 21(2) in relation to a decision by
the National Board for the health
profession or a panel established under
the National Law by that National Board.
4. Application
(1) In the event of any inconsistency between this
Act and the National Law, the National Law
prevails to the extent of the inconsistency.
(2) In the event of any inconsistency between this
Act and a referring law, the referring law
prevails to the extent of the inconsistency.
8
Health Practitioners Tribunal Act 2010
Act No. of
Part 1 - Preliminary s. 5
5. When proceedings under this Act begin and end
(1) For the purposes of this Act, proceedings in
relation to a matter are to be taken to begin when
an application in relation to the matter is lodged
with the Tribunal under section 21.
(2) For the purposes of this Act, proceedings in
relation to a matter are to be taken to have
concluded when the Tribunal has given the
parties to the proceedings its final orders in
relation to the matter.
6. Act binds Crown
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
9
Health Practitioners Tribunal Act 2010
Act No. of
s. 7 Part 2 - Establishment of Health Practitioners Tribunal
PART 2 - ESTABLISHMENT OF HEALTH
PRACTITIONERS TRIBUNAL
7. Establishment of Health Practitioners Tribunal
(1) The Health Practitioners Tribunal is established.
(2) The Tribunal is constituted by the Chairperson.
(3) Despite subsection (2), if the Chairperson
determines under Part 4 that the Tribunal is to be
constituted in whole or in part by a person other
than the Chairperson, the Tribunal is, after the
determination, constituted in relation to those
proceedings as so determined under that Part.
10
Health Practitioners Tribunal Act 2010
Act No. of
Part 3 - Membership of Tribunal s. 8
PART 3 - MEMBERSHIP OF TRIBUNAL
Division 1 - Chairperson and Deputy Chairperson
8. Chairperson
(1) The Minister may appoint to be the Chairperson
of the Tribunal a magistrate recommended by
the Chief Magistrate.
(2) Clauses 1 and 3 of Schedule 1 have effect in
relation to the Chairperson.
9. Deputy Chairperson
(1) The Minister may appoint to be the Deputy
Chairperson of the Tribunal a magistrate
recommended by the Chief Magistrate.
(2) Clauses 2 and 3 of Schedule 1 have effect in
relation to the Deputy Chairperson.
(3) Subject to this Act, the Deputy Chairperson is to
act as the Chairperson -
(a) whenever the Chairperson is absent from
duty or from Tasmania or is unable to act
as the Chairperson; and
(b) during a vacancy in the office of the
Chairperson.
(4) Subject to this Act, the Deputy Chairperson is to
act as the Chairperson for particular proceedings,
when directed to do so by the Chairperson.
11
Health Practitioners Tribunal Act 2010
Act No. of
s. 10 Part 3 - Membership of Tribunal
10. Delegation
The Chairperson may delegate to the Deputy
Chairperson any of his or her functions under
this Act or any other Act.
Division 2 - Other members of Tribunal for National Law
proceedings
11. Professional members of Tribunal
(1) The Chairperson may appoint a person to be a
professional member of the Tribunal for
proceedings in relation to which the Chairperson
has determined that the Tribunal is to be
constituted in accordance with section 18(1)(b)
or (c).
(2) A person may only be appointed to be a
professional member of the Tribunal for
proceedings if the person -
(a) is a registered health practitioner in
respect of the health profession to which
the proceedings relate; and
(b) is, in the opinion of the Chairperson, a
person with suitable skill, knowledge or
experience to assist in the proceedings;
and
(c) is included in the list provided to the
Chairperson by the National Board in
accordance with a request under
section 12; and
12
Health Practitioners Tribunal Act 2010
Act No. of
Part 3 - Membership of Tribunal s. 12
(d) is not a member of a National Board or a
State or Territory Board.
(3) Schedule 2 applies in relation to professional
members.
12. Lists of potential professional members
(1) The Chairperson may from time to time request
the National Board for a health profession to
provide to the Chairperson a list of registered
health practitioners who -
(a) are registered under the National Law in
respect of the health profession; and
(b) are practising in Tasmania in respect of
the health profession; and
(c) have, in the opinion of the National
Board, suitable skill, knowledge and
experience to enable the practitioners to
assist in proceedings under this Act.
(2) If the Chairperson is of the opinion that no
person included in a list of the kind referred to in
subsection (1) or in this subsection is suitable for
proceedings for which the Tribunal is to be
constituted, the Chairperson is to request the
National Board to provide to the Chairperson a
list of registered health practitioners who -
(a) are registered under the National Law in
respect of the health profession; and
13
Health Practitioners Tribunal Act 2010
Act No. of
s. 13 Part 3 - Membership of Tribunal
(b) are practising in respect of the health
profession in any participating
jurisdiction; and
(c) have, in the opinion of the National
Board, suitable skill, knowledge and
experience to enable the practitioners to
assist in proceedings under this Act.
13. Community members of Tribunal
(1) The Chairperson may appoint a person to be the
community member of the Tribunal for
proceedings in relation to which the Chairperson
has determined that the Tribunal is to be
constituted in accordance with section 18(1)(c).
(2) A person may only be appointed to be a
community member of the Tribunal for
proceedings if the person -
(a) has at no time been a registered health
practitioner or been registered in respect
of a health profession; and
(b) is not a member of a National Board or a
State or Territory Board; and
(c) is specified on a list prepared under
subsection (3).
(3) The Minister must prepare from time to time a
list of persons who are suitable to be appointed
under this section to be community members of
the Tribunal for proceedings that are National
Law proceedings.
14
Health Practitioners Tribunal Act 2010
Act No. of
Part 3 - Membership of Tribunal s. 14
(4) Schedule 2 applies in relation to community
members.
14. Disclosure of interest or National Law notification
(1) Subsection (2) applies to a member in relation to
proceedings under this Act if -
(a) the Tribunal is to be, for the proceedings,
constituted in whole or in part by the
member; and
(b) the member has or acquires a pecuniary
or other interest that could conflict with
the proper exercise or performance by
the member of the powers or functions of
a member for the proceedings.
(2) If this subsection applies to a member in relation
to proceedings under this Act, the member must
not take part in the proceedings or exercise or
perform any powers or functions in relation to
the proceedings, except with the agreement of all
the parties to the proceedings.
(3) A professional member must notify the
Chairperson as soon as practicable after the
member receives under the National Law notice
of a notification about the member.
15
Health Practitioners Tribunal Act 2010
Act No. of
s. 15 Part 3 - Membership of Tribunal
15. Act or proceedings valid despite defective
appointment, &c.
An act or proceeding of the Tribunal or of a
person acting under the direction of the Tribunal
is valid even if -
(a) the appointment of a member was
defective; or
(b) a person appointed as a member was
disqualified from acting as, or incapable
of being, such a member.
16
Health Practitioners Tribunal Act 2010
Act No. of
Part 4 - Constitution of Tribunal s. 16
PART 4 - CONSTITUTION OF TRIBUNAL
Division 1 - National Law proceedings
16. Jurisdiction of Tribunal in respect of matter
referred under National Law to Tribunal
(1) A reference in the National Law to a referral of a
matter to the responsible tribunal is, for a referral
of a matter in accordance with that Law to the
Tribunal, a reference to an application to the
Tribunal for a decision in relation to the matter.
(2) The jurisdiction, conferred by the National Law
on the Tribunal as the responsible tribunal, to
hear and decide a matter referred to the Tribunal
is to be taken to be jurisdiction conferred on the
Tribunal to hear and decide the matter under this
Act.
(3) The Tribunal may exercise the jurisdiction,
conferred by the National Law on the Tribunal
as the responsible tribunal, to hear and decide a
matter referred to the Tribunal in accordance
with that Law if a person has, under
section 21(1), applied to the Tribunal for a
decision in relation to the matter.
(4) In exercising the jurisdiction, conferred by the
National Law on the Tribunal as the responsible
tribunal, to hear and decide a matter referred to
the Tribunal under that Law, the Tribunal may
exercise the powers, and perform the functions,
conferred on the Tribunal by this Act or the
National Law.
17
Health Practitioners Tribunal Act 2010
Act No. of
s. 17 Part 4 - Constitution of Tribunal
17. Jurisdiction of Tribunal to hear and decide appeals
against decisions under National Law
(1) A reference in the National Law to an appeal
against a decision is, for an appeal in accordance
with that Law to the Tribunal, a reference to a
review of the decision as provided under this
Act.
(2) The jurisdiction, conferred by the National Law
on the Tribunal as the responsible tribunal, to
hear and decide an appeal against a decision is to
be taken to be jurisdiction conferred on the
Tribunal to hear and decide under this Act a
review of a decision.
(3) The Tribunal may exercise the jurisdiction,
conferred by the National Law on the Tribunal
as the responsible tribunal, to hear and decide an
appeal against a decision if a person has, under
section 21(2), applied to the Tribunal for a
review of the decision.
(4) In exercising the jurisdiction, conferred by the
National Law on the Tribunal as the responsible
tribunal, to hear and decide an appeal against a
decision, the Tribunal may exercise the powers,
and perform the functions, conferred on the
Tribunal by this Act or the National Law.
18. Constitution of Tribunal for purposes of National
Law
(1) The Chairperson, as soon as practicable after
National Law proceedings begin, must determine
18
Health Practitioners Tribunal Act 2010
Act No. of
Part 4 - Constitution of Tribunal s. 19
that the Tribunal is to be constituted for the
proceedings by -
(a) the Chairperson or the Deputy
Chairperson; or
(b) the Chairperson (or the Deputy
Chairperson) and 2 professional
members; or
(c) the Chairperson (or the Deputy
Chairperson), one professional member
and one community member.
(2) The Chairperson must determine that the
Tribunal is to be constituted, for the purposes of
National Law proceedings, in accordance with
subsection (1)(b) or (c), if a party to the
proceedings requests that the proceedings be
heard and decided other than by the Chairperson
or Deputy Chairperson acting alone.
Division 2 - Proceedings other than National Law
proceedings
19. Jurisdiction of Tribunal to hear and decide a review
of decision under Act other than National Law
(1) The Tribunal may exercise the jurisdiction
conferred on it by a referring Act to hear and
decide a review of a decision if a person has
applied under section 21(4) to the Tribunal for a
review of the decision.
(2) In exercising the jurisdiction conferred on the
Tribunal by a referring Act to hear and decide a
19
Health Practitioners Tribunal Act 2010
Act No. of
s. 20 Part 4 - Constitution of Tribunal
review of a decision, the Tribunal may exercise
the powers, and perform the functions, conferred
on the Tribunal by this Act or the referring Act.
20. Constitution of Tribunal for matter other than
referral or appeal under National Law
The Chairperson, as soon as practicable after
proceedings in relation to an application under
section 21(4) begin, must determine whether the
Tribunal is, for the purposes of the proceedings,
to be constituted by the Chairperson or by the
Deputy Chairperson.
20
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 21
PART 5 - PROCEDURE OF TRIBUNAL
Division 1 - Preliminary procedure
21. Applications
(1) A National Board which is required under the
National Law to refer a matter about a registered
health practitioner or student to the responsible
tribunal may apply to the Tribunal for a decision
in relation to the matter.
(2) A person who is the subject of a decision
referred to in section 199(1) of the National Law
and who may, under that Law, appeal to the
responsible tribunal, may apply to the Tribunal
for a review of the decision.
(3) Except with the approval of the Tribunal, an
application may only be made under
subsection (2) in relation to a decision referred to
in section 199(1) of the National Law within 28
days after -
(a) the decision is made; or
(b) reasons for the decision are given to a
person under the National Law -
whichever is the later.
(4) A person who is the subject of a decision against
which an application for a review of a decision
may be made to the Tribunal under a referring
Act may apply to the Tribunal for a review of the
decision.
21
Health Practitioners Tribunal Act 2010
Act No. of
s. 21 Part 5 - Procedure of Tribunal
(5) Except with the approval of the Tribunal or as
otherwise provided by the referring Act, an
application may only be made under
subsection (4) against a decision under a
referring Act within 28 days after -
(a) the decision is made; or
(b) reasons for the decision are given to a
person under the referring Act -
whichever is the later.
(6) An application under this section must be -
(a) in a form approved by the Chairperson of
the Tribunal; and
(b) lodged with the registrar; and
(c) accompanied by any documents or
further information that the Chairperson
requires; and
(d) accompanied by any documents or
further information that are required by
the referring Act or the National Law, as
the case may be, to be provided to the
Tribunal; and
(e) accompanied by the prescribed fee, if
any; and
(f) made in a manner approved by the
Chairperson.
(7) An applicant must serve a copy of an application
under this section -
22
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 22
(a) on each other party to the proceedings in
respect of the application; and
(b) on any other person entitled to notice of
the application under the referring Act or
the National Law; and
(c) on any person that the Tribunal or the
registrar directs be given notice of the
proceedings in relation to the application.
22. Withdrawal of application
(1) An applicant may, if the Tribunal gives leave to
do so, withdraw an application before the
Tribunal determines the application.
(2) An applicant who withdraws an application may
not make a further application in relation to the
facts or circumstances to which the application
relates, except with the leave of the Tribunal.
(3) If the Tribunal gives leave to withdraw an
application under subsection (1), it may make an
order for costs against the applicant.
(4) An order under subsection (3) may be made on
the application of a party to the proceedings or
on the Tribunal's own initiative.
23
Health Practitioners Tribunal Act 2010
Act No. of
s. 23 Part 5 - Procedure of Tribunal
23. Summary dismissal of proceedings
(1) At any time, the Tribunal may make an order
summarily dismissing or striking out all, or any
part, of proceedings that, in its opinion -
(a) are frivolous, vexatious, misconceived or
lacking in substance; or
(b) are otherwise an abuse of process.
(2) If the Tribunal makes an order under
subsection (1) it may make an order for costs in
respect of the proceedings or part of the
proceedings dismissed or struck out.
(3) An order under subsection (1) or (2) may be
made on the application of a party to the
proceedings or on the Tribunal's own initiative.
24. Parties to proceedings
(1) The parties to National Law proceedings are the
persons who are, in accordance with the National
Law, parties to the proceedings.
(2) If an application is made to the Tribunal under
section 21(4), the parties to proceedings in
respect of the application are -
(a) the persons who are, in accordance with
the referring Act, the parties to the
proceedings; or
24
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 25
(b) if the referring Act does not specify the
persons who are the parties to the
proceedings, the following persons:
(i) the applicant;
(ii) the person who made the decision
in respect of which the
application is made;
(iii) if the Secretary is joined as a
party to the proceedings under
subsection (3), the Secretary.
(3) The Secretary may, by notice to the Tribunal,
become a party to proceedings other than
National Law proceedings.
25. Representation
(1) A party to proceedings is entitled to be
represented in those proceedings by a legal
practitioner or any other person.
(2) The Secretary may be represented, in
proceedings to which the Secretary becomes a
party, by a legal practitioner or any other person
appointed by the Secretary.
26. Effect of original decision pending review
(1) Subject to subsection (2), the beginning of
proceedings for review of a decision does not
25
Health Practitioners Tribunal Act 2010
Act No. of
s. 26 Part 5 - Procedure of Tribunal
affect the operation of the decision or prevent the
taking of action to implement the decision.
(2) Subsection (1) does not apply in relation to
proceedings if -
(a) the referring Act to which the
proceedings relate provides otherwise; or
(b) the Tribunal makes an order under
subsection (3).
(3) The Tribunal may make an order staying the
operation of a decision to which an application
under this Act relates.
(4) The Tribunal may make an order under
subsection (3) on the application of a party to the
proceedings or on the Tribunal's own initiative.
(5) The Tribunal may make an order under
subsection (3) whether or not it has given any
person whose interests may be affected by the
order the opportunity to be heard.
(6) In making an order under subsection (3), the
Tribunal -
(a) may require any undertaking as to costs
that it considers appropriate; and
(b) may make provision for the lifting of the
order if conditions specified in the order
are met or are not met.
(7) The Tribunal may assess any costs referred to in
subsection (6)(a).
26
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 27
27. Reasons for decision to be lodged by applicant
(1) If an application is made under section 21(2) or
(4) for a review of a decision and the applicant
has been given, by the person who made the
decision, a statement of reasons for the decision,
the applicant must provide the statement to the
Tribunal.
(2) If the Tribunal considers that there are
documents that -
(a) are in the possession of a party to the
proceedings; and
(b) may be relevant to the proceedings -
the Tribunal may order the party to lodge a copy
of each document with the Tribunal within the
time specified in the notice.
(3) This section applies despite any rule of law
relating to privilege or the public interest in
relation to the production of documents.
Division 2 - Nature of proceedings
28. Review to consist of fresh hearing
(1) The purpose of a review by the Tribunal of a
decision is to produce the correct and preferable
result in respect of the matter to which the
decision relates.
27
Health Practitioners Tribunal Act 2010
Act No. of
s. 29 Part 5 - Procedure of Tribunal
(2) The Tribunal must hear and decide a review of a
decision by way of a fresh hearing on the merits
of the matter to which the decision relates.
29. How Tribunal to deal with referred matter
(1) The purpose of a decision of the Tribunal in
relation to a matter referred to the Tribunal in
accordance with section 21(1) is to produce the
correct and preferable result in respect of the
matter.
(2) The Tribunal must hear and decide, by way of a
hearing on the merits of the matter, a matter that
is referred to the Tribunal in accordance with
section 21(1).
30. Hearing to be open to public
(1) Except as provided by this section, a hearing of
the Tribunal is to be open to the public.
(2) During any hearing in proceedings the Tribunal
may, on the application of a party to the
proceedings or on the Tribunal's own initiative,
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 part of
the proceedings or prohibiting the
28
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 30
reporting or other disclosure of particular
information in respect of the
proceedings.
(3) Without limiting the grounds that may be
relevant for the purposes of subsection (2), the
Tribunal may exercise its power under that
subsection if -
(a) it is dealing with privileged information
or information that has been
communicated to the National Board or
the Tribunal in confidence; or
(b) it is dealing with information concerning
the personal affairs, finances or business
arrangements of a person; or
(c) the disclosure of the information may be
unfairly prejudicial to the reputation of a
person.
(4) Nothing in this section is to be taken to prevent
the Tribunal from -
(a) meeting in private for the purpose of
preparing for any proceedings or any
stage of any proceedings; or
(b) meeting in private for the purposes of
reaching a finding on any matter in the
course of any proceedings.
(5) A person must not fail to comply with an order
under subsection (2)(a).
Penalty: Fine not exceeding 25 penalty units.
29
Health Practitioners Tribunal Act 2010
Act No. of
s. 31 Part 5 - Procedure of Tribunal
(6) A person must not fail to comply with an order
under subsection (2)(b).
Penalty: In the case of -
(a) a body corporate, a fine not
exceeding 100 penalty units; or
(b) an individual, a fine not
exceeding 50 penalty units.
Division 3 - Decisions and orders in proceedings
31. Powers of Tribunal to decide applications
(1) The Tribunal is to determine an application
made to the Tribunal under section 21(1) by
making a decision in accordance with section
196 or 197, as the case may be, of the National
Law.
(2) The Tribunal is to determine an application
made to the Tribunal under section 21(2) by
making a decision in accordance with section
202 of the National Law.
(3) The Tribunal is to determine an application
made to the Tribunal under section 21(4) for a
review of a decision under a referring Act by
making a decision in accordance with the
referring Act.
(4) If the referring Act to which an application under
section 21(4) in respect of a decision relates does
not set out how the Tribunal may decide the
30
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 31
application, the Tribunal may determine the
matter by -
(a) affirming the decision; or
(b) varying the decision; or
(c) setting aside the decision and making
another decision in substitution for it; or
(d) setting aside the decision and remitting
the matter for reconsideration, by the
person who made the decision, in
accordance with any directions or
recommendations of the Tribunal.
(5) Subject to subsection (6), a decision of a person
or body that is affirmed or varied by the Tribunal
or a decision made by the Tribunal in
substitution for a decision of a person or body -
(a) is taken to be a decision of the person or
body; and
(b) subject to any contrary order by the
Tribunal, has, or is taken to have had,
effect from the time at which the decision
affirmed or varied, or for which the
decision is substituted, had effect.
(6) Subsection (5)(a) does not apply for the purposes
of an appeal to the Supreme Court.
31
Health Practitioners Tribunal Act 2010
Act No. of
s. 32 Part 5 - Procedure of Tribunal
32. Decision-making by Tribunal
(1) If the Tribunal is constituted by 2 members for
the purposes of proceedings and the opinions of
those members on a question before them are
equally divided, the question must be decided
according to the opinion of the presiding
member.
(2) The Tribunal must make an order as to its
decision in relation to proceedings as soon as
practicable after the end of the hearing, or
hearings, in respect of the proceedings.
33. Orders
(1) An order of the Tribunal must be in writing.
(2) The Tribunal must give a copy of any order it
makes in proceedings to -
(a) each party to the proceedings; and
(b) each other person entitled to notice of the
proceedings or of the order under this
Act, the National Law or the referring
Act.
(3) The Tribunal must give reasons for making an
order in proceedings, other than an order that has
effect only for the duration of the proceedings or
a shorter period.
(4) The Tribunal must give under subsection (3) its
reasons for making an order, within 60 days, or a
32
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 34
later period determined by the Tribunal, after
making the order.
(5) If the Tribunal gives orally reasons for making
an order in proceedings, a party to the
proceedings may, within 14 days after the order
is made, request the Tribunal to give its reasons
in writing.
(6) The Tribunal must, within 45 days after
receiving a request under subsection (5), comply
with the request.
(7) The Tribunal may extend the period referred to
in subsection (6), but only if the Tribunal gives,
to the person who requested the reasons for an
order be given in writing, reasons for the
extension.
(8) If the Tribunal gives written reasons for making
an order, it must include in those reasons its
findings on material questions of fact.
(9) An order of the Tribunal comes into effect
immediately after it is made or at a later time, if
any, specified in the order.
34. Enforcement of orders
(1) An order of the Tribunal may, on the application
of a party to the proceedings in which it is made,
be filed in a court of competent jurisdiction.
(2) An order of the Tribunal filed in a court under
subsection (1) may be enforced as if it were an
order of that court.
33
Health Practitioners Tribunal Act 2010
Act No. of
s. 35 Part 5 - Procedure of Tribunal
35. Correction of mistakes in orders
(1) The Tribunal may correct an order made by it if
the order contains -
(a) a clerical mistake; or
(b) an error arising from an accidental slip or
omission; or
(c) a material miscalculation of figures or a
material mistake in the description of any
person, thing or matter referred to in the
order; or
(d) a defect of form.
(2) A correction of an order may be made on the
application of a party to the proceedings or on
the Tribunal's own initiative.
Division 4 - Procedure generally
36. General powers of Tribunal
The Tribunal may -
(a) require any person appearing before it to
produce any document; and
(b) require any person appearing before it to
give evidence on oath or affirmation; and
(c) require any person appearing before it to
answer questions; and
34
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 37
(d) proceed with and determine any
proceedings even though a person who
has been summoned to appear does not
appear in the proceedings; and
(e) adjourn any proceedings from time to
time and from place to place.
37. Conduct of proceedings
(1) Except as otherwise provided by this Act or a
referring Act, the Tribunal may determine its
own procedure.
(2) The Tribunal -
(a) must conduct its proceedings with as
little formality, and as quickly, as a
proper consideration of the matter before
the Tribunal permits; and
(b) is not bound by the rules of evidence but
may inform itself on any matter in any
way it considers appropriate; and
(c) must observe the rules of procedural
fairness.
(3) The Chairperson, or the Deputy Chairperson, by
whom the Tribunal is to be constituted in whole
or in part for a particular proceedings is to
preside over the proceedings.
35
Health Practitioners Tribunal Act 2010
Act No. of
s. 38 Part 5 - Procedure of Tribunal
38. Practice directions
(1) The Chairperson may -
(a) issue practice directions in relation to the
practice and procedure of the Tribunal;
and
(b) vary or revoke a practice direction issued
under paragraph (a); and
(c) publish, in the manner the Chairperson
thinks fit, practice directions issued
under paragraph (a).
(2) The practice and procedure of the Tribunal is to
be in accordance with the practice directions
from time to time in force, unless the provisions
of any Act or the provisions of any rules or other
statutory instruments made under an Act provide
otherwise.
39. Determinations
(1) At any time after proceedings begin, the
Tribunal may -
(a) determine any question of law or
procedure that has arisen or that is
expected to arise later in the proceedings;
and
(b) determine any other question that it
considers necessary or convenient to
determine in order to ensure that the
remainder of the proceedings will be
36
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 40
conducted fairly and as quickly as
possible; and
(c) give the directions, consistent with the
practice directions issued under
section 38, that it thinks fit for the
purposes of resolving an issue or matter
that it considers necessary or convenient
to resolve for the remainder of the
proceedings.
(2) A question of law arising during proceedings
may only be decided by the Chairperson, or the
Deputy Chairperson, by whom the Tribunal is
constituted in whole or in part for the
proceedings.
40. Costs
(1) Except as provided under this Act, the National
Law or a referring Act, each party to
proceedings under this Act must bear the party's
own costs in the proceedings.
(2) The Tribunal may order a party to proceedings to
pay all the costs, or a part of the costs specified
in the order, of another party to the proceedings
if the Tribunal considers that it is in the interests
of justice to do so.
(3) In deciding whether to award costs in
proceedings, the Tribunal is to take into
account -
37
Health Practitioners Tribunal Act 2010
Act No. of
s. 40 Part 5 - Procedure of Tribunal
(a) whether a party to the proceedings has
behaved in a way that has unnecessarily
disadvantaged another party to the
proceedings; and
(b) the nature and complexity of the
proceedings; and
(c) the relative strengths of the claims made
by the parties in the proceedings; and
(d) if the proceedings are for review of a
decision -
(i) whether the applicant was
accorded procedural fairness by
the person who made the
decision; and
(ii) whether the applicant genuinely
attempted to enable, and assist, to
make the decision, the person
who made the decision; and
(e) the financial circumstances of the parties
to the proceedings; and
(f) any other matter the Tribunal thinks
relevant.
(4) If the Tribunal considers that a representative of
a party to proceedings, rather than the party, is
responsible for behaviour, referred to in
subsection (3)(a), that has unnecessarily
disadvantaged another party to the proceedings,
the Tribunal may order the representative to pay
to the other party an amount specified in the
38
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 40
order, as compensation for the unnecessary costs
incurred by the other party as a result of the
behaviour.
(5) The Tribunal may not make an order under
subsection (4) against a representative of a party
to proceedings unless the representative has been
given a reasonable opportunity to be heard
before the order is made.
(6) If an order is made under subsection (4) against
a representative of a party to proceedings -
(a) the representative may not require the
party to pay to the representative an
amount, in addition to the amount that
the party would otherwise be required to
pay the representative, so as to reimburse
the representative for the amount paid as
a consequence of the order; and
(b) a party to the proceedings is not required
to pay to a representative an amount, in
addition to the amount that the party
would otherwise be required to pay the
representative, that the representative
requires the party to pay so as to
reimburse the representative for the
amount paid as a consequence of the
order.
(7) Costs that may be ordered under this Act, the
National Law or a referring Act may be ordered
at any stage during proceedings or after the
proceedings conclude.
39
Health Practitioners Tribunal Act 2010
Act No. of
s. 41 Part 5 - Procedure of Tribunal
41. Vacancies in Tribunal during proceedings
(1) Proceedings for which the Tribunal is constituted
in whole or in part by the Chairperson or Deputy
Chairperson, other than by virtue of section 7(2),
are terminated if the Chairperson or Deputy
Chairperson, respectively, vacates his or her
office before the conclusion of the proceedings.
(2) Proceedings for which the Tribunal is constituted
by more than one member remain on foot despite
that one of the members (other than the
Chairperson or Deputy Chairperson) vacates his
or her office for any reason before the
conclusion of the proceedings.
(3) Proceedings for which the Tribunal is constituted
by more than one member are terminated if more
than one of the members vacates his or her office
for any reason before the conclusion of the
proceeding.
(4) If proceedings of the Tribunal are terminated
under subsection (1) or (3), the Tribunal must be
reconstituted in accordance with Part 4.
Division 5 - Evidence
42. Summonses and orders to produce
(1) The Chairperson or Deputy Chairperson may
issue a summons to a person to attend the
Tribunal to give evidence and produce any
documents that are referred to in the summons.
40
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 42
(2) A summons may be issued under subsection (1)
at the request of a party to the proceedings or on
the Tribunal's own initiative.
(3) A person who attends the Tribunal in answer to a
summons under subsection (1) is entitled to be
paid the prescribed fees and allowances or, if no
fees and allowances are prescribed, the fees and
allowances (if any) determined by the Tribunal.
(4) The fees and allowances are to be paid -
(a) if the person was summoned at the
request of a party to the proceedings, by
that party; or
(b) if the person was summoned on the
initiative of the Tribunal, by the parties
to the proceedings in the proportion
determined by the Tribunal.
(5) On the application of a party to proceedings, the
Tribunal may order a person -
(a) who is not a party to the proceedings;
and
(b) who has, or is likely to have, in the
person's possession a document that is
relevant to the proceedings -
to produce the document to the Tribunal or the
party within the time specified in the order.
41
Health Practitioners Tribunal Act 2010
Act No. of
s. 43 Part 5 - Procedure of Tribunal
43. Evidence
(1) The Tribunal must allow a party to proceedings a
reasonable opportunity -
(a) to call or give evidence; and
(b) to examine, cross-examine or re-examine
witnesses; and
(c) to make submissions to the Tribunal.
(2) Despite subsection (1), the Tribunal may refuse
to allow a party to proceedings to call evidence
on a matter if the Tribunal considers that there is
already sufficient evidence of that matter before
the Tribunal.
(3) Evidence in proceedings -
(a) may be given orally or in writing; and
(b) if the Tribunal requires, must be given on
oath or by affidavit.
(4) A member may administer or cause to be
administered an oath, or take or cause to be
taken an affirmation, for the purpose of taking
and receiving evidence during proceedings.
44. Authorisation of person to take evidence
(1) The Tribunal may authorise, in writing, a person
(whether or not a member) to take evidence on
behalf of the Tribunal for the purposes of any
proceedings.
42
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 45
(2) The Tribunal's power under subsection (1) to
authorise the taking of evidence is exercisable
only by the Chairperson or the Deputy
Chairperson constituting in whole or in part the
Tribunal for the proceedings.
(3) A person may take evidence under this section
outside Tasmania if authorised to do so by the
Tribunal.
(4) The Tribunal may give directions as to the taking
of evidence under this section.
(5) If a person other than a member is authorised to
take evidence -
(a) the person has all the powers of a
member in relation to the taking of
evidence; and
(b) section 53(2)(b) applies as if the person
were the Tribunal.
(6) Evidence taken under this section -
(a) is to be taken to be evidence given to the
Tribunal; and
(b) in the case of evidence taken outside
Tasmania, is to be taken to have been
given in Tasmania.
45. Use of experts
(1) The Tribunal may call in the assistance of an
expert to advise the Tribunal in respect of any
43
Health Practitioners Tribunal Act 2010
Act No. of
s. 46 Part 5 - Procedure of Tribunal
matter arising in a proceeding before the
Tribunal.
(2) The parties to proceedings before the Tribunal -
(a) are responsible for the costs of the advice
provided to the Tribunal by an expert
called in by the Tribunal; and
(b) are to pay the costs in the proportions
determined by the Tribunal.
(3) The Tribunal is not bound by the advice
provided by an expert called in by the Tribunal.
46. Rule against self-incrimination does not apply
(1) A person is not excused from answering a
question or producing a document in
proceedings on the ground that the answer or
document might tend to incriminate the person.
(2) If the person claims, before answering a question
or producing a document, that the answer or
document might tend to incriminate the person,
the answer or document is not admissible in
evidence in any criminal proceedings in relation
to an offence alleged to have been committed by
the person, other than in proceedings in respect
of the falsity of the answer or the document.
44
Health Practitioners Tribunal Act 2010
Act No. of
Part 5 - Procedure of Tribunal s. 47
47. Other privileges
(1) Except as provided by section 46, a person is
excused from answering a question or producing
a document in proceedings if the person could
not be compelled to answer the question or
produce the document in proceedings in the
Supreme Court.
(2) The Tribunal may require a person to produce a
document to it for the purpose of determining
whether or not it is a document that the Tribunal
has power to compel the person to produce.
45
Health Practitioners Tribunal Act 2010
Act No. of
s. 48 Part 6 - Miscellaneous
PART 6 - MISCELLANEOUS
48. Registrar
(1) In this section -
"Secretary" means the Secretary of the
Department that is responsible, to the
Minister to whom the administration of
this Act is assigned, in relation to the
administration of this Act.
(2) The Secretary may appoint a State Service
officer or State Service employee to be the
registrar of the Health Practitioners Tribunal.
(3) The registrar may hold that office in conjunction
with State Service employment.
(4) The registrar has and may exercise the functions
or powers imposed or conferred on the registrar
under this Act or any other Act.
49. Judicial notice
All courts must take judicial notice of -
(a) the signature of a person who is, or was,
a member; and
(b) the fact that a person referred to in
paragraph (a) is or was a member.
46
Health Practitioners Tribunal Act 2010
Act No. of
Part 6 - Miscellaneous s. 50
50. Records of hearings
The Tribunal is to keep a record, which may be
an electronic record, of each hearing in
proceedings before the Tribunal, other than any
meeting of the Tribunal that is held in private.
51. Publication of decisions of Tribunal
The Tribunal may, as it thinks fit, publish in the
manner it thinks fit, or refuse to publish, a
decision of the Tribunal in respect of
proceedings under this Act.
52. Appeal to Supreme Court
A party to proceedings under this Act may
appeal to the Supreme Court, on a question of
law, against a decision of the Tribunal in relation
to the proceedings.
53. Offences
(1) A person who has been served with a summons
to attend the Tribunal must not, without
reasonable excuse, fail to -
(a) attend as required by the summons until
he or she has been excused or released
from attendance by the Tribunal; or
47
Health Practitioners Tribunal Act 2010
Act No. of
s. 53 Part 6 - Miscellaneous
(b) produce any document referred to in the
summons that is in the person's
possession.
Penalty: Fine not exceeding 50 penalty units.
(2) A person appearing as a witness before the
Tribunal must not, without reasonable excuse -
(a) refuse to be sworn in or make an
affirmation; or
(b) refuse to answer a question that the
person is required by the Tribunal to
answer.
Penalty: Fine not exceeding 50 penalty units.
(3) A person must not knowingly give false or
misleading information to the Tribunal.
Penalty: Fine not exceeding 50 penalty units.
(4) A person must not fail to comply with an order
of the Tribunal.
Penalty: Fine not exceeding 50 penalty units.
(5) Subsection (4) does not apply to a person if the
person has not been given a copy of this section
and a copy of the order has not been served on
the person.
(6) A person must not -
(a) insult a member while that member is
performing functions as member; or
48
Health Practitioners Tribunal Act 2010
Act No. of
Part 6 - Miscellaneous s. 54
(b) insult, obstruct or hinder a person
attending a hearing before the Tribunal;
or
(c) misbehave at a hearing before the
Tribunal; or
(d) interrupt a hearing before the Tribunal;
or
(e) obstruct or hinder a person from
complying with an order of the Tribunal
or a summons issued by the Tribunal; or
(f) do any other act that would, if the
Tribunal were the Supreme Court,
constitute contempt of that Court.
Penalty: Fine not exceeding 50 penalty units.
54. Secrecy
(1) This section applies to any person who -
(a) is or has been a member; or
(b) is or has been a State Service officer, or a
State Service employee, who is engaged
to provide services to the Tribunal.
(2) Except as permitted by this section, a person to
whom this section applies must not directly or
indirectly make a record of, or disclose to any
person, any information about the affairs of a
person acquired in the performance of functions
49
Health Practitioners Tribunal Act 2010
Act No. of
s. 54 Part 6 - Miscellaneous
under or in connection with this Act, the
National Law or a referring Act.
Penalty: Fine not exceeding 50 penalty units.
(3) A person to whom this section applies may
record or disclose information referred to in
subsection (2) -
(a) with the written consent of the person to
whom the information relates; or
(b) in connection with the performance of
functions under this Act, the National
Law or a referring Act.
(4) A person to whom this section applies may
disclose any information referred to in
subsection (2) to a member of the police force
for the purposes of reporting a suspected offence
or assisting in the investigation of a suspected
offence.
(5) Nothing in this section applies to the recording
or disclosure of -
(a) information that consists of anything said
or done at a hearing of the Tribunal,
except if an order is made under
section 30(2)(b) in relation to the
information; or
(b) any decision or order of the Tribunal or
the reasons for any such decision or
order.
50
Health Practitioners Tribunal Act 2010
Act No. of
Part 7 - Concluding Provisions s. 55
PART 7 - CONCLUDING PROVISIONS
55. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may prescribe the fees payable
for an application under section 21(2) or (4).
(3) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
56. Annual report
(1) The Tribunal, on or before 31 October in each
year, is to give the Minister a report on its
activities for the financial year ending on the
preceding 30 June.
(2) On receiving the report, the Minister is to cause
a copy of it to be tabled in each House of
Parliament within 10 sitting days.
57. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990 -
51
Health Practitioners Tribunal Act 2010
Act No. of
s. 58 Part 7 - Concluding Provisions
(a) the administration of this Act is assigned
to the Minister for Justice; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
58. Consequential amendment
The legislation specified in Schedule 3 is
amended as specified in that Schedule.
52
Health Practitioners Tribunal Act 2010
Act No. of
sch. 1
SCHEDULE 1 - CHAIRPERSON AND DEPUTY
CHAIRPERSON
Sections 8 and 9
1. Chairperson
(1) The Chairperson is appointed for the period of
not more than 5 years specified in his or her
instrument of appointment.
(2) A person may be re-appointed as the
Chairperson.
(3) The appointment of a magistrate as Chairperson
does not affect -
(a) his or her tenure of office or status as a
magistrate; or
(b) the payment of his or her salary or
allowances as a magistrate; or
(c) any other rights or privileges that he or
she has as a magistrate.
(4) Service in the office of Chairperson is to be
taken for all purposes to be service in the office
of a magistrate.
(5) Nothing in this Act prevents a magistrate
appointed as Chairperson from constituting the
Magistrates Court for the purpose of the exercise
by that Court of any of its functions.
(6) The Chairperson is entitled to the payment of -
53
Health Practitioners Tribunal Act 2010
Act No. of
sch. 1
(a) the allowances; and
(b) the expenses -
if any, that the Minister determines.
2. Deputy Chairperson
(1) The Deputy Chairperson is appointed for the
period of not more than 5 years specified in his
or her instrument of appointment.
(2) A person may be re-appointed as the Deputy
Chairperson.
(3) The appointment of a magistrate as Deputy
Chairperson does not affect -
(a) his or her tenure of office or status as a
magistrate; or
(b) the payment of his or her salary or
allowances as a magistrate; or
(c) any other rights or privileges that he or
she has as a magistrate.
(4) Service in the office of Deputy Chairperson is to
be taken for all purposes to be service in the
office of a magistrate.
(5) Nothing in this Act prevents a magistrate
appointed as Deputy Chairperson from
constituting the Magistrates Court for the
purpose of the exercise by that Court of any of
its functions.
54
Health Practitioners Tribunal Act 2010
Act No. of
sch. 1
(6) The Deputy Chairperson is entitled to the
payment of -
(a) the allowances; and
(b) the expenses -
if any, that the Minister determines.
3. Vacation of office of Chairperson or Deputy
Chairperson
(1) The Chairperson or Deputy Chairperson vacates
his or her office as such if -
(a) his or her appointment is revoked under
subclause (2); or
(b) he or she ceases to be a magistrate.
(2) The Minister may, by notice in writing to a
person, revoke the appointment of the person as
Chairperson or Deputy Chairperson.
(3) The Minister may only revoke the appointment
of a person as Chairperson or Deputy
Chairperson if -
(a) the person is, without good reason,
absent from a hearing in proceedings in
respect of which the Tribunal is
constituted in whole or in part by the
person; or
(b) the person is convicted, in Tasmania or
elsewhere, of -
55
Health Practitioners Tribunal Act 2010
Act No. of
sch. 1
(i) a crime; or
(ii) an offence punishable by
imprisonment for a term of more
than 12 months; or
(c) the Minister is satisfied that the person is
unable to competently perform the duties
of a member.
56
Health Practitioners Tribunal Act 2010
Act No. of
sch. 2
SCHEDULE 2 - PROFESSIONAL AND COMMUNITY
MEMBERS
Sections 11 and 13
1. Remuneration of professional and community
members
(1) A professional member, or a community
member, is entitled to be paid the remuneration,
including travelling and subsistence allowances,
that the Minister determines.
(2) A professional member, or a community
member, who is a State Service employee or
State Service officer is not entitled to
remuneration under subclause (1) except with
the approval of the Minister administering the
State Service Act 2000.
2. Holding of other office not a disqualification
A holder of an office who is required by the
terms of his or her employment to devote the
whole of his or her time to the duties of that
office is not disqualified from -
(a) holding that office and also the office of
a member; or
(b) accepting any remuneration payable to a
member.
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Health Practitioners Tribunal Act 2010
Act No. of
sch. 2
3. When persons cease to be professional members
(1) A person who is appointed as a professional
member for proceedings holds office as a
member until -
(a) the proceedings are concluded; or
(b) the person vacates his or her office as a
member.
(2) A person appointed as a professional member for
proceedings may, by notice in writing to the
Chairperson, resign his or her office as a
member.
(3) A professional member for proceedings vacates
his or her office as a member if -
(a) he or she dies; or
(b) he or she resigns; or
(c) his or her appointment is revoked under
subclause (4); or
(d) he or she becomes a member of a
National Board or a State or Territory
Board; or
(e) he or she ceases to be a registered health
practitioner in respect of the health
profession to which the proceedings
relate; or
(f) his or her registration as a health
practitioner in respect of the health
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Act No. of
sch. 2
profession to which the proceedings
relate is suspended.
(4) The Chairperson may, by notice in writing to a
person, revoke the appointment of the person as
a professional member for proceedings if -
(a) the person is, without good reason or
without the approval of the Chairperson,
absent from a hearing in the proceedings;
or
(b) the person becomes bankrupt, applies to
take the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with the person's creditors or
makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) the person is convicted, in Tasmania or
elsewhere, of -
(i) a crime; or
(ii) an offence punishable by
imprisonment for a term of more
than 12 months; or
(d) the Chairperson is satisfied that the
grounds for a notification about the
member that has been received by the
member under the National Law are such
that the member ought not continue as a
member; or
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Health Practitioners Tribunal Act 2010
Act No. of
sch. 2
(e) the Chairperson is satisfied that the
member is unable to competently
perform the duties of a member.
4. When persons cease to be community members
(1) A person who is appointed as a community
member for proceedings holds office as a
member until -
(a) the proceedings are concluded; or
(b) the person vacates his or her office as a
member.
(2) A person appointed as a community member for
proceedings may, by notice in writing to the
Chairperson, resign his or her office as a
member.
(3) A community member for proceedings vacates
his or her office as a member if -
(a) he or she dies; or
(b) he or she resigns; or
(c) his or her appointment is revoked under
subclause (4); or
(d) he or she becomes a member of a
National Board or a State or Territory
Board; or
(e) he or she becomes a registered health
practitioner.
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Act No. of
sch. 2
(4) The Chairperson may, by notice in writing to a
person, revoke the appointment of the person as
a community member for proceedings if -
(a) the person is, without good reason or
without the approval of the Chairperson,
absent from a hearing in the proceedings;
or
(b) the person becomes bankrupt, applies to
take the benefit of any law for the relief
of bankrupt or insolvent debtors,
compounds with the person's creditors or
makes an assignment of the member's
remuneration or estate for their benefit;
or
(c) the person is convicted, in Tasmania or
elsewhere, of -
(i) a crime; or
(ii) an offence punishable by
imprisonment for a term of more
than 12 months; or
(d) the Chairperson is satisfied that the
member is unable to competently
perform the duties of a member.
61
Health Practitioners Tribunal Act 2010
Act No. of
sch. 3
SCHEDULE 3 - CONSEQUENTIAL AMENDMENT
Section 58
Health Practitioner Regulation National Law (Tasmania) Act
2010
1. Section 6 is repealed and the following section is substituted:
6. Responsible tribunal for Health Practitioner Regulation
National Law
The Health Practitioners Tribunal established by the
Health Practitioners Tribunal Act 2010 is a responsible
tribunal for the purposes of the Health Practitioner
Regulation National Law.
62 Government Printer, Tasmania