Subdivision 3 Inquiries and appeals before Tribunal [NSW]
(1) A Tribunal must—(a) conduct an inquiry into a complaint, matter or application referred to it; and(b) hear any appeal referred to it.(2) No inquiry need be conducted into a complaint referred to a Tribunal if the registered health practitioner or student who is the subject of the complaint admits the subject-matter of the complaint in writing to the Tribunal.
167A Notice of time and place of inquiry or appeal [NSW]
(1) A Chairperson or Deputy Chairperson nominated to sit on a Tribunal for a health profession must fix a time and place for the conducting of the inquiry or the hearing of the appeal by the Tribunal.(2) The Chairperson or Deputy Chairperson must give not less than 14 days’ notice of the inquiry or appeal to each of the following—(a) the registered health practitioner or student the subject of the inquiry or appeal;(b) the complainant, if any;(c) the Director-General;(d) the Council for the health profession;(e) for an inquiry into a complaint, the Commission;(f) the Chairperson of the relevant Committee, if appropriate.
167B Conduct of proceedings [NSW]
(1) A Tribunal may conduct proceedings on an inquiry or appeal as it thinks fit.(2) Proceedings of a Tribunal are to be open to the public except when the Tribunal otherwise directs.(3) A Tribunal is not to direct that proceedings are to be closed to the public unless satisfied that it is desirable to do so in the public interest for reasons connected with the subject-matter of the inquiry or appeal or the nature of the evidence to be given.
167C Representation before Tribunals [NSW]
(1) At an inquiry conducted or appeal heard by a Tribunal, the registered health practitioner or student and any complainant concerned are entitled to attend and to be represented by—(a) an Australian legal practitioner; or(b) with the leave of the Chairperson or Deputy Chairperson presiding, another adviser.(2) A Tribunal may grant leave for another person to appear (whether in person or by an Australian legal practitioner or another adviser) at an inquiry or appeal if the Tribunal is satisfied that it is appropriate for the person to appear.(3) This section does not prevent a Tribunal from proceeding in the absence of the registered health practitioner or student concerned, as long as the practitioner or student has been given notice of the inquiry or appeal.
167D Chairperson or Deputy Chairperson not to review own decisions [NSW]
A Chairperson or Deputy Chairperson must not sit on a Tribunal for the purpose of conducting any inquiry or hearing any appeal relating to a particular matter before the Tribunal if a decision has been made by the Chairperson or Deputy Chairperson in relation to the matter.
167E Adjournments and interlocutory orders [NSW]
(1) A Tribunal may adjourn proceedings for any reason it thinks fit.(2) A Tribunal may, during any proceedings, exercise any power or combination of powers conferred on the Tribunal by section 149A, except the power to caution or reprimand.(3) A Tribunal may, in respect of an appeal under section 159B, make an order staying the decision of the Council appealed against until the appeal has been disposed of.
167F Tribunals to provide details of decisions [NSW]
(1) As soon as practicable after making a decision on an inquiry or an appeal (bearing in mind the public welfare and seriousness of the matter), a Tribunal must give a written statement of the decision to—(a) the complainant; and(b) the registered health practitioner or student the subject of the inquiry or appeal; and(c) the Council for the health profession in which the practitioner or student is registered.(2) The statement of a decision must—(a) set out any findings on material questions of fact; and(b) refer to any evidence or other material on which the findings were based; and(c) give the reasons for the decision.(3) The Tribunal may also provide the statement of a decision to the persons the Tribunal thinks fit.(4) Unless the Tribunal has ordered otherwise, a Council—(a) must make publicly available a statement of a decision given to it under this section if the decision is in respect of a complaint that has been proved or admitted in whole or in part; and(b) may disseminate any other statement of a decision as the Council thinks fit.
167G Statement need not contain confidential information [NSW]
(1) A Tribunal is not required to include confidential information in the statement of a decision.(2) If the statement would be false or misleading if it did not include the confidential information, the Tribunal is not required to provide the statement.(3) If confidential information is not included in the statement given to a person or the statement is not given to a person because of subsection (2), the Tribunal must give a confidential information notice to the person.(4) A confidential information notice must be given within one month after the decision is made.(5) 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, subject to the provisions of this Law relating to protected reports.