Division 4Division 4 Dealing with complaint by inquiry at a meeting of the Board
44 Procedures for dealing with complaint at meeting
(1) If the Board decides to deal with a complaint by inquiry at a meeting of the Board, the meeting is to be held in accordance with Schedule 3 and this Division.(2) The Board may be assisted by an Australian lawyer when dealing with a complaint at a meeting of the Board.(3) The Board is to provide the Commission with a copy of any submission made to the Board by the podiatrist in respect of the complaint or in respect of any recommendation of the Committee concerning the complaint.
The procedure for the calling of a meeting to deal with a complaint and for the conduct of the meeting is, subject to this Act and the regulations, to be as determined by the Board.
At a meeting to deal with a complaint, the Board:(a) may inform itself on any matter in such manner as it thinks fit, and(b) may receive written or oral submissions, and(c) is to proceed with as little formality and technicality, and as much expedition, as the requirements of this Act and the proper consideration of the complaint permit, and(d) is not bound by rules of evidence, and(e) may proceed to deal with the complaint in the absence of the podiatrist.
47 Making submissions to inquiry
(1) The podiatrist is entitled to attend the meeting during the course of the Board’s inquiry and to make submissions to the Board.(2) The Committee may, if the Board so requires, make a submission to the Board with respect to the complaint and may for that purpose attend the meeting during the course of the Board’s inquiry.(3) The Board is to afford the Commission the opportunity to make a submission to the Board with respect to the complaint and the Commission may for that purpose attend the meeting during the course of the Board’s inquiry.(4) The Committee or the Commission may not be present at the meeting except while actually making a submission in accordance with this section, unless the Board otherwise determines.(5) Despite subsection (4), the Commission is to be present throughout the Board’s inquiry where the complaint is the subject of a recommendation of the Commission under section 35 (2) that it be dealt with by inquiry at a meeting of the Board under this Division.(6) The podiatrist is not entitled to be legally represented at the inquiry but may be accompanied by a support person. The support person can be an Australian lawyer.(7) The Commission is not entitled to be legally represented at the inquiry.
(1) The Board must, within 30 days of making its decision on a complaint, make available to the complainant, the podiatrist concerned and such other persons as it thinks fit, a written statement of the decision.(2) If the Commission made a submission to the Board with respect to the complaint, the Board is to provide the Commission with a copy of the written statement of the decision.(3) The written statement of a decision must give the reasons for the decision.(4) The Board is not required to include confidential information in any such statement. If a statement would be false or misleading if it did not include the confidential information, the Board is not required to provide the statement.(5) When confidential information is not included in the statement of a decision provided to a person or the statement is not provided to a person because of subsection (4), the Board must give a confidential information notice to the person.(6) A confidential information notice is a notice that indicates that confidential information is not included or that the statement will not be provided (as appropriate) and gives the reasons for this. The notice must be in writing and must be given within one month after the decision is made.(7) This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.(8) In this section:confidential information means information that:
(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and(b) relates to the personal or business affairs of a person, other than a person to whom the Board is required (or would, but for subsection (4), be required) to provide a written statement of a decision, and(c) is information:(i) that was supplied in confidence, or(ii) the publication of which would reveal a trade secret, or(iii) that was provided in compliance with a duty imposed by an enactment, or(iv) the provision of which by the Board would be in breach of any enactment.
49 Admissibility of Board’s findings
A finding of the Board under this Division is admissible as evidence in any legal proceedings.