Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

76 Professional conduct committees may receive evidence




    76 Professional conduct committees may receive evidence

  (1)  A professional conduct committee may receive as evidence any statement,
document, information, or matter that, in its opinion, may assist it to deal
effectively with the subject of its investigation, whether or not that
statement, document, information, or matter would be admissible in a court of
law.

  (2)  In particular, a professional conduct committee may hear oral evidence
and receive statements and submissions from any or all of the following
persons:

      (a)  the health practitioner who is the subject of the committee's
investigation:

      (b)  any employer of that health practitioner:

      (c)  any person in association with whom that health practitioner
practises:

      (d)  if the matter referred to the committee is a complaint, the
complainant:

      (e)  any clinical expert.

  (3)  Despite subsections (1) and (2), a professional conduct committee must
give the health practitioner who is the subject of the committee's
investigation a reasonable opportunity to present evidence on each matter,
including any further matter, that is referred to the committee under section
68 and forms part of the investigation.

  (4)  Any complainant may be supported by a person nominated by the
complainant; and that person may, with the leave of the committee, be heard at
a
hearing.

  (5)  A professional conduct committee may require that any evidence it
receives be supported by a statutory declaration in the manner provided for by
section 9 of the Oaths and Declarations Act 1957.

  (6)  Subsection (5) does not apply to a submission made by the health
practitioner or a complainant under section 80(4).

  (7) No civil or disciplinary proceedings lie against any person in respect of
any evidence given, or statements or submissions made, under this section by
that person, unless the person has acted in bad faith.
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