Division 1Division 1 Constitution of the Tribunal
(1) There is to be an Osteopaths Tribunal for the purposes of this Act.(2) The Tribunal is to be constituted in accordance with this Act to deal with a matter referred to it or an appeal or application made to it under this Act.(3) The Tribunal has and may exercise the jurisdiction and functions conferred or imposed on it by or under this or any other Act.
100 Chairperson and Deputy Chairpersons of the Tribunal
(1) The Governor may appoint an Australian lawyer of at least 7 years’ standing as Chairperson of the Tribunal and may appoint one or more Australian lawyers of at least 7 years’ standing as Deputy Chairpersons of the Tribunal.(2) The Chairperson and each Deputy Chairperson hold office for such period not exceeding 7 years as may be specified in the instrument of appointment as Chairperson or Deputy Chairperson, but are eligible (if otherwise qualified) for re-appointment.(3) A Deputy Chairperson can be appointed by the Governor for the purpose of conducting or hearing a particular inquiry or appeal, as described in the instrument of appointment of the Deputy Chairperson.(4) A Deputy Chairperson, while sitting on the Tribunal, has and may exercise all the functions conferred or imposed on the Chairperson by this Act (other than those conferred by section 101 (2)).(4A) If the period of a person’s appointment as Chairperson or a Deputy Chairperson expires while the person is sitting on the Tribunal for the purposes of an inquiry or an appeal, the person may, despite that expiry, continue to sit on the Tribunal for the purpose of that inquiry or appeal (the continuing inquiry or appeal).(4B) For the purposes of the conduct or hearing of the continuing inquiry or appeal (and any provision of this Act or the regulations with respect to such an inquiry or an appeal), the person referred to in subsection (4A):(a) is taken to be a Deputy Chairperson, and(b) has and may exercise only the functions conferred or imposed on a Deputy Chairperson under this Act, and(c) may exercise those functions only in respect of the continuing inquiry or appeal.(5) The Chairperson or a Deputy Chairperson sitting on the Tribunal is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister may from time to time determine in respect of each of them.(6) The Governor may appoint a Deputy Chairperson to act in the office of Chairperson during the illness or absence of the Chairperson and the Deputy Chairperson, while so acting, has and may exercise all the functions of the Chairperson and is taken to be the Chairperson.(7) Part 2 of the Public Sector Management Act 1988 does not apply to or in respect of the appointment of the Chairperson or a Deputy Chairperson.
101 Tribunal to be constituted to deal with complaints etc
(1) The Board is to inform the Chairperson and appoint 3 other persons to sit on the Tribunal when:(a) a complaint or other matter is referred to the Tribunal, or(b) the Commission decides, in accordance with the Health Care Complaints Act 1993, to prosecute a complaint before the Tribunal, or(c) an appeal or application under this Act to the Tribunal is lodged with the Registrar.(2) The Chairperson is then to nominate himself or herself or a Deputy Chairperson to sit on the Tribunal for the purpose of conducting an inquiry into the complaint, matter or application or hearing the appeal.(3) For the purpose of conducting an inquiry or hearing an appeal, the Tribunal is to consist of:(a) the Chairperson or a Deputy Chairperson, and(b) 2 registered osteopaths having such qualifications as may be prescribed, appointed by the Board, and(c) one lay person (that is, a person who is not a registered osteopath) appointed by the Board from a panel of lay persons for the time being nominated by the Minister.(4) A person may not be appointed to sit on the Tribunal if the person is a member of the Board.(5) A person may not be appointed to sit on the Tribunal if the person has previously dealt with the particular matter before the Tribunal in his or her capacity as a member of the Board or the Committee.(6) The Tribunal, as constituted by different persons or the same persons, may conduct or hear more than one inquiry or appeal at the same time.
102 Effect of vacancy on Tribunal
(1) If one of the members (other than the Chairperson or Deputy Chairperson) constituting the Tribunal for the purpose of conducting a hearing vacates office for any reason before an inquiry or appeal is completed or a decision is made in respect of an inquiry or appeal, the inquiry or appeal may be continued and a determination made by the remaining members of the Tribunal.(2) If more than one of the members vacate office or the Chairperson or Deputy Chairperson vacates office for any reason before the Tribunal has completed an inquiry or appeal or made a determination in respect of an inquiry or appeal, the inquiry or appeal is terminated.(3) When an inquiry or appeal is terminated, the Tribunal may be reconstituted in accordance with this Part for the purposes of conducting a new inquiry or appeal in respect of the matter concerned.
103 Payment of non-legal Tribunal members
A member of the Tribunal (other than the Chairperson or a Deputy Chairperson) is while sitting on the Tribunal entitled to be paid by the Board at the rate determined by the Minister from time to time.
The Tribunal is to have a seal of which all courts and persons acting judicially are to take judicial notice.