HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 165B Constitution of Tribunal for complaints, applications and appeals [NSW[#93]

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 165B

165B Constitution of Tribunal for complaints, applications and appeals [NSW[#93]

(1) If a complaint is referred to the Tribunal or an application or appeal is made to the Tribunal under this Law--

(a) the Tribunal must inform the Council for the health profession of the referral, application or appeal; and

(b) the Council for the health profession must select 3 persons (whether or not they are currently Division members) to sit as members of the Tribunal in the proceedings.

Note : Schedule 5 to the Civil and Administrative Tribunal Act 2013 provides the President must appoint a person as an occasional member for particular proceedings entered in the Health Practitioner List if that person has been selected for participation in the proceedings in accordance with any applicable procedures specified by or under this Law. If a person selected under subsection (1) (b) is not already a Division member, the President will be required to appoint the person as an occasional member in relation to the proceedings.

(2) Except as provided by subsections (4), (5) and (5A), the Tribunal, when conducting an inquiry or hearing an appeal under this Law, is to be constituted by--

(a) 1 Division member who is an Australian lawyer of at least 7 years' standing or, in the case of medical practitioner proceedings, 1 Division member who is a senior judicial officer; and

(b) 2 health practitioners selected for appointment by the Council as occasional members under subsection (1) (b) who are registered in the same health profession as the health practitioner or student the subject of the inquiry or appeal; and

(c) 1 lay person (that is, a person who is not registered in the health profession) selected for appointment by the Council as an occasional member under subsection (1) (b) from among a panel of lay persons for the time being nominated by the Minister.

(3) If the health profession has divisions, at least one and, if practicable, both, of the health practitioners referred to in subsection (2) (b) must be registered in the same division of the health profession as the health practitioner or student the subject of the inquiry or hearing.

(4) The Tribunal, when constituted to hear appeals under this Law that are restricted to points of law, is to be constituted by--

(a) in the case of medical practitioner proceedings, 1 Division member who is a senior judicial officer; or

(b) in any other case, 1 Division member who is an Australian lawyer of at least 7 years' standing.

(5) The Tribunal, when constituted to exercise a function under section 146D or 148G, is to be constituted by a Division member selected by the Tribunal List Manager.

(5A) The Tribunal, when constituted to make an ancillary decision or an interlocutory decision within the meaning of the Civil and Administrative Tribunal Act 2013 , is to be constituted by the Tribunal List Manager or the member referred to in subsection (2) (a).

(6) A person is not to be selected to sit on the Tribunal if the person is a member of the Council.

(7) An inquiry or appeal conducted or heard by the Tribunal under this Law may relate to more than one health practitioner or student if the complaint or complaints the subject of the inquiry or appeal arise from the same conduct.