Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

92 Notice of disciplinary proceedings to be given to practitioner




    92 Notice of disciplinary proceedings to be given to practitioner

  (1)  Before convening a hearing of the Tribunal to consider a charge against
a health practitioner, the chairperson of the Tribunal must ensure that the
practitioner is given a written notice that---

      (a)  states that the Director of Proceedings, or a 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; and

      (b)  contains sufficient particulars to inform the practitioner clearly
of the substance of the ground believed to exist; and

      (c)  specifies the particulars of the charge; and

      (d)  specifies a date (being not less than 20 working days, and not more
than 60 working days, after the date on which the notice is received by the
practitioner) on which the Tribunal intends to hear the matter.

  (2)  The appropriate executive officer of the Tribunal must also ensure that
the responsible authority and any complainant are promptly given a copy of the
notice.

  (3)  Every notice given to a health practitioner must require the
practitioner to notify the Tribunal in writing, not later than on a specified
date (being
not less than 10 working days after the date on which the notice is received by
the practitioner), whether or not he or she wishes to be heard by the Tribunal,
either personally or by his or her representative.

  (4)  If a practitioner fails to notify the Tribunal as required by the
notice, the practitioner is entitled to appear and be heard at the hearing only
on any
conditions as to payment of costs and expenses or otherwise that the Tribunal
thinks fit to order.
Compare: 1995 No 95 s 103
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