Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 69

Conduct of a panel hearing

69. Conduct of a panel hearing



(1) At a panel hearing the panel must hear and determine the matter before it
and-

   (a)  the proceedings must be conducted with as little formality and
        technicality as the requirements of this Act and the proper
        consideration of the matter permit;

   (b)  there is no right to legal representation at the panel hearing except
        at a health panel hearing in accordance with paragraph (c) or (d);

   (c)  a health panel may grant leave to a health practitioner or student to
        have legal representation at a hearing of the health panel;

   (d)  a health panel must grant leave if the panel is of the opinion that
        there is a reasonable likelihood that the student's or practitioner's
        registration may be suspended;

   (e)  the health practitioner or student is entitled to be present and to
        make submissions and to be accompanied by another person;

   (f)  the proceedings must not be open to the public except that a
        professional standards panel may grant leave to a notifier to make
        submissions to the panel if the notifier is not called as a witness
        and the panel considers it appropriate in the circumstances;

   (g)  a panel is not bound by rules of evidence but may inform itself in any
        way it thinks fit;

   (h)  a panel is bound by the rules of natural justice;

        (i)    the procedure of a panel is otherwise in its discretion.

(2) Despite subsection (1)(h)-

   (a)  a professional standards panel may, when conducting a hearing into a
        health practitioner's professional conduct or performance, consider
        any report about the health practitioner's professional performance or
        ability to practise as a health practitioner made for the purposes of
        a health or performance assessment under Division 3 or 4;

   (b)  a health panel may, when conducting a hearing consider any report of a
        health assessment or performance assessment under Division 3 or 4.

(3) If a panel hearing arises out of a notification made under section 42, a
person must not publish or broadcast the identity of the notifier.

Penalty: 60 penalty units in the case of a natural person and 300 penalty
units in the case of a body corporate.