Queensland Consolidated Acts

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HEALTH PRACTITIONERS (PROFESSIONAL STANDARDS) ACT 1999 - SECT 32

32 Restrictions on appointment of assessors

(1) If the registrant to whom disciplinary proceedings relate is registered in more than 1 profession, the assessors mentioned in section 31(1)(b) must be chosen from the panel of assessors for the profession to which the disciplinary matter before the tribunal relates.

(2) A person is not eligible to be an assessor if the person was a member of a panel that made a decision about the disciplinary matter being heard, including, for example, a decision directing the board to refer the matter under section 126 for hearing by the tribunal.

(3) If the disciplinary matter to be heard by the tribunal relates to a complaint by a user of a service provided by the registrant, or an entity acting on behalf of a user of a service provided by a registrant, either the constituting member or at least 1 of the assessors must be the same gender as the user unless--

(a) the constituting member is conducting the hearing under section 31(2); or
(b) the complaint is a complaint accepted by a board under section 50(2).

(4) Before choosing an assessor under section 31(1), the registrar must be satisfied the assessor does not have a personal or professional connection with the registrant to whom the disciplinary proceedings relate that may prejudice the way in which the assessor performs the assessor's functions.



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