Subdivision 3 Inquiries and appeals before Tribunal
167 Jurisdiction [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
167A Notice of time and place of inquiry or appeal
(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
(2) The Chairperson or Deputy Chairperson must give not less than 14
days’ notice of the inquiry or appeal to each of the
(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
(f) the Chairperson of the relevant Committee, if
167B Conduct of proceedings [NSW]
(1) A Tribunal may conduct proceedings on an inquiry or appeal as it
(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,
(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
167D Chairperson or Deputy Chairperson not to review own
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
167E Adjournments and interlocutory orders [NSW]
(1) A Tribunal may adjourn proceedings for any reason it thinks
(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
(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;
(b) refer to any evidence or other material on which the findings were
(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
167G Statement need not contain confidential information
(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
(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
(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.