Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SCHEDULE 2

BODIES ESTABLISHED BY RESPONSIBLE BOARDS

1. Investigations Committees



1.1. A responsible board may establish an investigations committee or
committees for the purposes of delegating powers and functions of the board
under Divisions 1 to 4 of Part 3 of this Act and section 59 of the Act to
members of the committee.

1.2. An investigations committee is to consist of the persons appointed by the
responsible board from-

   (a)  the members of the board;

   (b)  a list of names approved by the Governor in Council on the
        recommendation of the Minister.

1.3. Of the members of the committee-

   (a)  one must be a lawyer;

   (b)  one must be a health practitioner registered by the responsible board
        under this Act;

   (c)  no more than half the members of the committee are to be health
        practitioners registered under this Act.

2. Investigation Review Panels



2.1. A responsible board may establish an investigation review panel for the
purposes of conducting a review of a decision of the board under Part 3 of the
Act.

2.2. An investigation review panel is to consist of the persons appointed by
the responsible board.



2.3. Of the members of the panel-

   (a)  one must be a lawyer appointed from a list of names approved by the
        Governor in Council on the recommendation of the Minister who shall
        chair the panel;

   (b)  one must be a health practitioner registered by the responsible board
        under this Act appointed from a list of names approved by the Governor
        in Council on the recommendation of the Minister;

   (c)  one must be a person nominated by the Health Services Commissioner.

2.4. A member of the responsible board that established the committee is not
entitled to be appointed to an investigation review panel established under
this Schedule.

3. Health Panels



3.1. A responsible board may establish a health panel for the purposes of
conducting hearings under Part 3 of the Act.

3.2. A health panel is to consist of the persons appointed by the responsible
board from-

   (a)  the members of the board;

   (b)  a list of names approved by the Governor in Council on the
        recommendation of the Minister.

3.3. Of the members of the panel-

   (a)  one must be a lawyer;

   (b)  one must be a medical practitioner registered under this Act;

   (c)  one must be a health practitioner registered under this Act by the
        responsible board.

3.4. A health panel has all the powers and may exercise all the functions of a
health panel under Part 3 of the Act.

4. Professional Standards Panels



4.1. A responsible board may establish a professional standards panel for the
purposes of conducting hearings under Part 3 of the Act.

4.2. A professional standards panel is to consist of at least 3 persons
appointed by the responsible board from-

   (a)  the members of the board;

   (b)  a list of names approved by the Governor in Council on the
        recommendation of the Minister.

4.3. Of the members of the panel-

   (a)  one must be a health practitioner registered by the responsible board;

   (b)  one must be a person who is not a registered health practitioner.

4.4. A professional standards panel has all the powers and may exercise all
the functions of a professional standards panel under Part 3 of the Act.

5. General provisions applying to panels and committees



5.1. The Public Administration Act 2004 (other than Part 3 of that Act)
applies to a member of a committee or panel established under this Schedule in
respect of the office of member.

5.2. A person is not entitled to be a member of a panel or committee if the
person has been involved in any proceedings under Part 3 relating to the
matter to be referred to the panel or committee.

5.3. A member of a panel or committee is entitled to receive the fees or
allowances that are fixed from time to time by the responsible board that
appointed the member.

5.4. The members of a panel or committee have any other functions and may
exercise any other powers that are conferred or imposed on the panel or
committee by the regulations.

5.5. Subject to this Act and the regulations a panel or committee may regulate
its own procedure.

5.6. A responsible board must pay the Health Services Commissioner for the
costs that are agreed between the board and the Commissioner that are incurred
by the Commissioner for a person nominated by the Commissioner to be a member
of an investigation review panel under clause 2.3(c).

5.7. The Governor in Council, on the recommendation of the Minister, may
approve persons who may be appointed to the office of member under this
Schedule.

5.8. The Governor in Council, on the recommendation of the Minister, may
revoke the approval of persons who may be appointed to the office of member
under this Schedule.

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