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Health Practitioners Competence Assurance Act 2003
FIRST: Provisions applying to Health Practitioners Disciplinary Tribunal
Schedule 1 s 90
Provisions applying to Health Practitioners Disciplinary Tribunal
1 Deputy chairperson
2 Term of office
3 Vacation of office
4 Chairpersons of authorities to determine fees for certain Tribunal
members
5 Procedure of Tribunal
6 Evidence
7 Powers of investigation
8 Witness summons
9 Service of summons
10 Witnesses' allowances
11 Privileges and immunities
12 Non-attendance or refusal to co-operate
13 Contempt of Tribunal
14 Exclusion of liability
15 Power to amend charges
16 Technical advisers
1 Deputy chairperson
(1) If---
(a) the chairperson of the Tribunal becomes incapable of acting as
chairperson because of illness, absence, or any other reason; or
(b) there is a vacancy in the office of chairperson,---
any deputy chairperson of the Tribunal has and may exercise or perform
all the functions, duties, and powers of the chairperson.
(2) A deputy chairperson is, while acting for the chairperson, to be
regarded as the chairperson of the Tribunal.
(3) No act done by a deputy chairperson while acting for the chairperson, and
no act done by the Tribunal while the deputy chairperson is acting for the
chairperson, may in any proceedings be questioned on the ground that the
occasion for the deputy chairperson so acting had not arisen or had
ceased.
(4) If there are 2 or more deputy chairpersons of the Tribunal,---
(a) the Minister may from time to time, by written notice, nominate
which of those deputy chairpersons is, in the circumstances specified in
subclause (1),
to exercise or perform the functions, duties, and powers of the chairperson;
and
(b) references in this clause to the deputy chairperson are to be read
as references to the deputy chairperson for the time being so nominated.
Compare: 1995 No 95 cl 1 of First Schedule
2 Term of office
(1) The chairperson and each deputy chairperson of the Tribunal---
(a) is appointed for a term not exceeding 3 years; and
(b) takes office from the date of the notice of appointment or any later
date specified in the notice; and
(c) is, subject to subclause (2), eligible for reappointment from time
to time.
(2) No person may hold office as the chairperson or as a deputy chairperson
of the Tribunal for more than 9 consecutive years.
(3) Despite subclauses (1) and (2), any person whose term of office as the
chairperson or as a deputy chairperson of the Tribunal has expired or who has
resigned from office as chairperson or as a deputy chairperson of the Tribunal
continues in office for the purpose of completing any proceedings heard by the
Tribunal before the expiry of the person's term of office or the
person's resignation, whether or not that person's successor has
come into office.
Compare: 1995 No 95 cl 2 of First Schedule
3 Vacation of office
(1) Any person who holds office as the chairperson or as a deputy
chairperson of the Tribunal may resign his or her office by giving notice to
that effect to
the Minister.
(2) A person who holds office as the chairperson or as a deputy chairperson
of the Tribunal is to be taken to have vacated his or her office if---
(a) he or she dies; or
(b) he or she is adjudged bankrupt under the Insolvency Act 1967; or
(c) he or she becomes a member of an authority; or
(d) he or she has been convicted by any court in New Zealand or
elsewhere of any offence punishable by imprisonment for a term of 3 months or
longer.
(3) Any person who holds office as the chairperson or as a deputy
chairperson of the Tribunal may at any time be removed from office by the
Minister, by
notice given to the person, on the grounds of inability to perform the
functions of the office, or for neglect of duty, or misconduct, proved to the
satisfaction of the Minister.
Compare: 1995 No 95 cl 3 of First Schedule
4 Chairpersons of authorities to determine fees for certain Tribunal
members
(1) The chairperson and every deputy chairperson must be paid fees at a rate
that is for the time being fixed by a majority of chairpersons of all
authorities under this Act.
(2) The chairpersons of authorities may agree on the principles that are to
govern the determination of fees payable by each authority to any member of the
Tribunal who is neither a chairperson nor a deputy chairperson.
5 Procedure of Tribunal
(1) Subject to this Act and to any regulations made under this Act, the
Tribunal may---
(a) regulate its procedure in any manner it thinks fit; and
(b) prescribe or approve forms for the purposes of hearings.
(2) The Tribunal must publish any rules of procedure it makes.
(3) The Tribunal must observe the rules of natural justice at each hearing.
Compare: 1995 No 95 cl 5 of First Schedule
6 Evidence
(1) The Tribunal may receive as evidence any statement, document,
information, or matter that may in its opinion assist it to deal effectively
with the
matters before it, whether or not that statement, document, information, or
matter would be admissible in a court of law.
(2) Subclause (1) is subject to clause 5(3).
(3) The Tribunal may take evidence on oath, and for that purpose any member
or officer of the Tribunal may administer an oath.
(4) The Tribunal may permit a person appearing as a witness before it to
give evidence by tendering a written statement and, if the Tribunal thinks fit,
verifying it by oath.
(5) The Evidence Act 1908 applies to the Tribunal in the same manner as if
the Tribunal were a court within the meaning of that Act.
(6) Subclause (5) is subject to subclauses (1) to (3).
Compare: 1995 No 95 cl 6 of First Schedule
7 Powers of investigation
(1) For the purposes of dealing with the matters before it, the Tribunal or
any person authorised by it in writing to do so may---
(a) inspect and examine any papers, documents, records, or things:
(b) require any person to produce for examination any papers, documents,
records, or things in that person's possession or under that
person's control, and to allow copies of or extracts from any such
papers, documents, or records to be made:
(c) require any person to furnish, in a form approved by or acceptable
to the Tribunal, any information or particulars that may be required by it, and
any
copies of or extracts from any such papers, documents, or records.
(2) The Tribunal may, if it thinks fit, require that any written information
or particulars or any copies or extracts furnished under this clause be
verified by statutory declaration or otherwise as the Tribunal may
require.
(3) For the purposes of its proceedings, the Tribunal may, on its own
initiative or on the application of any party to the proceedings, order that
any information or particulars, or a copy of the whole or any part of any
paper, document, or record, furnished or produced to it be supplied to any
person appearing before the Tribunal, and in the order impose any terms and
conditions that it thinks fit in respect of such supply and of the use that is
to be made of the information, particulars, or copy.
Compare: 1995 No 95 cl 7 of First Schedule
8 Witness summons
(1) The Tribunal may, on its own initiative or on the application of any
party to the proceedings, issue a witness summons to any person requiring that
person to attend before the Tribunal to give evidence at the hearing of the
proceedings.
(2) The witness summons must state---
(a) the place where the person is to attend; and
(b) the date and time when the person is to attend; and
(c) the papers, documents, records, or things that that person is
required to bring and produce to the Tribunal; and
(d) the entitlement to be tendered or paid a sum in respect of
allowances and travelling expenses; and
(e) the penalty for failing to attend.
(3) The power to issue a witness summons may be exercised by the Tribunal,
the chairperson, a deputy chairperson, or by any officer of the Tribunal
purporting
to act by the direction or with the authority of the Tribunal, the chairperson,
or a deputy chairperson.
Compare: 1995 No 95 cl 8 of First Schedule
9 Service of summons
(1) A witness summons may be served---
(a) by delivering it personally to the person summoned; or
(b) by posting it by registered letter addressed to the person summoned
at that person's usual place of residence or business.
(2) The summons must,---
(a) if it is served under subclause (1)(a), be served at least 24 hours
before the attendance of the witness is required; or
(b) if it is served under subclause (1)(b), be served at least 10 days
before the date on which the attendance of the witness is required.
(3) If the summons is posted by registered letter, it must be regarded for
the purposes of subclause (2)(b) to have been served at the time when the
letter would be delivered in the ordinary course of post.
Compare: 1995 No 95 cl 9 of First Schedule
10 Witnesses' allowances
(1) Every witness attending before the Tribunal to give evidence under a
summons is entitled to be paid witnesses' fees, allowances, and
travelling expenses according to the scales for the time being prescribed by
regulations made under the Summary Proceedings Act 1957, and those regulations
apply accordingly.
(2) On each occasion on which the Tribunal issues a summons under clause
8(1), the Tribunal, or the person exercising the power of the Tribunal under
clause
8(3), must fix an amount that, on the service of the summons, or at some other
reasonable time before the date on which the witness is required to attend,
must be paid or tendered to the witness.
(3) The amount fixed under subclause (2) must be the estimated amount of the
allowances and travelling expenses to which, in the opinion of the Tribunal or
person, the witness will be entitled according to the prescribed scales if the
witness attends at the time and place specified in the summons.
(4) If a party to the proceedings has requested the issue of the witness
summons, the fees, allowances, and travelling expenses payable to the witness
must be paid by that party.
(5) If the Tribunal has on its own initiative issued the witness summons,
the Tribunal may direct that the amount of those fees, allowances, and
travelling
expenses---
(a) form part of the costs of the proceedings; or
(b) be paid out of the funds of the authority with which the health
practitioner or former health practitioner to whom the proceedings relate is or
was registered.
Compare: 1995 No 95 cl 10 of First Schedule
11 Privileges and immunities
(1) Every person has the same privileges in relation to the giving of
information to the Tribunal, the answering of questions put by the Tribunal,
and the production of papers, documents, records, and things to the Tribunal
that witnesses have in courts of law.
(2) Witnesses and counsel appearing before the Tribunal have the same
privileges and immunities that witnesses and counsel have in proceedings in a
District Court.
Compare: 1995 No 95 cl 11 of First Schedule
12 Non-attendance or refusal to co-operate
(1) Every person commits an offence who, after being summoned to attend to
give evidence before the Tribunal or to produce to the Tribunal any papers,
documents, records, or things, without sufficient cause,---
(a) fails to attend in accordance with the summons; or
(b) refuses to be sworn or to give evidence, or, having been sworn,
refuses to answer any question that the person is lawfully required by the
Tribunal or any
member of it to answer concerning the proceedings; or
(c) fails to produce any such paper, document, record, or thing.
(2) Every person commits an offence who---
(a) wilfully obstructs or hinders the Tribunal or any member of it or
any authorised person in any inspection or examination of papers, documents,
records, or things under clause 7(1)(a); or
(b) without sufficient cause, fails to comply with any requirement of
the Tribunal or any authorised person made under clause 7(1)(b) or (c); or
(c) without sufficient cause, acts in contravention of, or fails to
comply with, any order made by the Tribunal under clause 7(3) or any term or
condition
of the order.
(3) Every person who commits an offence against subclause (1) or subclause
(2) is liable on summary conviction to a fine not exceeding $1,500.
(4) No person summoned to attend before the Tribunal may be convicted of an
offence against subclause (1) unless there was tendered or paid to that person
travelling expenses in accordance with clause 10.
Compare: 1995 No 95 cl 12 of First Schedule
13 Contempt of Tribunal
(1) Every person commits an offence and is liable on summary conviction to a
fine not exceeding $10,000 who---
(a) assaults, threatens, or intimidates, or intentionally insults, the
Tribunal or any member of it or any adviser to, or officer of, the Tribunal,
during a sitting of the Tribunal, or in going to, or returning from, any
sitting; or
(b) intentionally interrupts the proceedings of the Tribunal or
otherwise misbehaves while the Tribunal is sitting; or
(c) intentionally and without lawful excuse disobeys an order or
direction of a member of the Tribunal in the course of any proceedings before
the Tribunal.
(2) A member of the Tribunal may order the exclusion from a sitting of the
Tribunal of any person whose behaviour, in that member's opinion,
constitutes an offence against subclause (1), whether or not that person is
charged with the offence; and any member of the police may take any steps that
are reasonably necessary to enforce such an exclusion.
Compare: 1995 No 95 cl 13 of First Schedule
14 Exclusion of liability
Neither the Tribunal nor any member, employee, or agent of the Tribunal is
under any civil liability in respect of---
(a) any act done or omitted in the course of the performance or exercise
or intended performance or exercise of any of their functions, duties, or
powers under this Act; or
(b) any words spoken or written at, or for the purposes of, a hearing or
an inquiry or other proceedings under this Act; or
(c) anything contained in any notice given under this Act.
(2) Subsection (1) does not exclude the liability of any person for anything
done or omitted in bad faith.
Compare: 1995 No 95 s 135(1), (2)
15 Power to amend charges
(1) The Tribunal may, at any time during the hearing of any charge laid
under section 91, amend the charge in any way.
(2) The Tribunal may, at the request of the health practitioner concerned,
if the Tribunal is of the opinion that the practitioner would be embarrassed in
his or her defence by reason of an amendment made or proposed to be made under
this clause, adjourn the hearing.
Compare: 1995 No 95 cl 14 of First Schedule
16 Technical advisers
(1) The Tribunal may from time to time appoint technical advisers to advise
the Tribunal on any legal or procedural questions or on any clinical or
scientific questions.
(2) The Tribunal may authorise a technical adviser to be present at any
hearing of the Tribunal.
(3) A technical adviser may not be present during the deliberations of the
Tribunal.
Compare: 1995 No 95 cl 15 of First Schedule
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