Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT (No. 2) 1978 No. 132, 1978 - SECT 39

39. Section 125 of the Principal Act is repealed and the following section is
substituted: Medical practitioner, dental practitioner or chemist affected by
inquiry to be given notice
''125. (1) Where a matter referred to a Committee concerns the conduct of a
medical practitioner, a participating dental practitioner or an approved
pharmaceutical chemist, as the case may be, the Chairman of the Committee
shall cause notice in writing of the matter so referred, and of the time and
place at which the Committee intends to hold an inquiry into the matter, to be
given to that medical practitioner, participating dental practitioner or
approved pharmaceutical chemist at least 10 days before the date of the
inquiry.

''(2) For the purposes of ascertaining whether a matter referred to a
Committee concerns the conduct of a medical practitioner, a participating
dental practitioner or an approved pharmaceutical chemist, the Committee may,
before causing notice to be given to any person, meet and examine any written
evidence or allegation referred to the Committee by the Minister or the
Permanent Head in relation to the matter.

''(3) Notice under sub-section (1) shall be given by delivering it personally
to the medical practitioner, participating dental practitioner or approved
pharmaceutical chemist, as the case may be, or by sending it by prepaid
registered letter addressed to him at his last known place of abode or
business or by leaving it at has last known place of abode or business with
some person apparently an inmate of that place and apparently not less than 16
years of age.

''(4) Subject to sub-section (5), the Committee shall afford a medical
practitioner, a participating dental practitioner or an approved
pharmaceutical chemist to whom notice has been given in pursuance of
sub-section (1) an opportunity of examining witnesses, giving evidence and
calling witnesses on his behalf and of addressing the Committee.

''(5) Where a medical practitioner, a participating dental practitioner or an
approved pharmaceutical chemist to whom notice has been given in pursuance of
sub-section (1) fails to attend at the time and place specified in the notice,
the Committee may, unless it is satisfied that the medical practitioner,
participating dental practitioner or approved pharmaceutical chemist is
prevented by illness or other unavoidable cause from so attending, proceed to
hold the inquiry in his absence.

''(6) For the purposes of this section 'inquiry' includes a reconsideration of
a question by a Committee in pursuance of sub-section (4) of section 124 where
that reconsideration involves the rehearing of evidence or the hearing of
further evidence.

''(7) When a matter referred to a Federal Committee of Inquiry concerns a
course of conduct of medical practitioners, participating dental practitioners
or approved pharmaceutical chemists generally or in a class of cases, the
matter shall, for the purposes of this section, be deemed not to concern the
conduct of a medical practitioner, a participating dental practitioner or an
approved pharmaceutical chemist, as the case may be.''.