Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

97 Special protection for certain witnesses




    97 Special protection for certain witnesses

  (1)  This section applies to evidence to be given by a witness at a hearing
by the Tribunal that---

      (a)  relates to or involves a sexual matter; or

      (b)  in the Tribunal's opinion, relates to or involves some other matter
that may require the witness to give intimate or distressing evidence.

  (2)  Before a witness at a hearing by the Tribunal begins to give oral
evidence to which this section applies, the presiding officer must---

      (a)  tell the witness that he or she has a right to give the evidence in
private; and

      (b)  ask if the witness wishes to give the evidence in private.

  (3)  If the witness wishes to give the evidence in private, the presiding
officer must---

      (a)  ensure that only the people referred to in subsection (4) are
present in the room in which the hearing is being held; and

      (b)  tell the witness that he or she has a right to request the presence
of any person of his or her choice who agrees to be present; and

      (c)  tell the health practitioner concerned that he or she has a right to
request the presence of any person of his or her choice who agrees to be
present.

  (4)  If the witness wishes to give the evidence in private, only the
following people may be present in the room while the witness is giving the
evidence:

      (a)  the members of the Tribunal:

      (b)  the health practitioner concerned:

      (c)  the person prosecuting the charge:

      (d)  any barrister or solicitor engaged in the proceedings:

      (e)  if the health practitioner's representative is not a barrister or
solicitor, the representative:

      (f)  any officer of the Tribunal:

      (g)  any person responsible to the Tribunal for recording the
proceedings:

      (h)  any accredited news media reporter:

      (i)  any person of the witness's choice who agrees to be present:

      (j)  any person of the health practitioner's choice who agrees to be
present:

      (k)  any other person expressly permitted by the Tribunal to be present.

  (5)  The witness may object to the presence of a person of the health
practitioner's choice; and, if the Tribunal upholds the objection, that
person may not be present in the room while the witness is giving the
evidence.
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