Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

91 Laying of charge before Tribunal



Procedure and decisions of Tribunal

    91 Laying of charge before Tribunal

  (1)  A charge against a health practitioner may be laid before the Tribunal
by---

      (a)  the Director of Proceedings, in any case where the Director of
Proceedings decides, under section 49 of the Health and Disability Commissioner
Act 1994,
that proceedings should be taken under this Part against that health
practitioner; or

      (b)  a professional conduct committee, under section 81 or section 82.

  (2)  Every charge laid under subsection (1) must include a statement to the
effect that the Director of Proceedings or the
professional conduct committee, as the case may be, has reason to believe
that a ground exists entitling the Tribunal
to exercise its powers under section 100.

  (3)  If the charge was laid by the Director of Proceedings, it must be
prosecuted at the hearing by the Director of Proceedings.

  (4)  If the charge was laid by a professional conduct committee, it must be
prosecuted at the hearing by that committee.

  (5)  The Director of Proceedings or the professional conduct committee may be
represented by counsel or otherwise.

  (6)  The chairperson of the Tribunal must, as soon as reasonably practicable
after the laying of the charge, convene a hearing of the Tribunal to consider
the charge.
Compare: 1995 No 95 s 102
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