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Medical Practitioners Act 1995

FIRST SCHEDULE: Provisions Applying in Respect of the Medical Practitioners Disciplinary Tribunal
  Deputy chairperson



                                SCHEDULES
                                  ------

                             FIRST SCHEDULE
 Section 101

 Provisions Applying in Respect of the Medical Practitioners Disciplinary
                                Tribunal

   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,---
 the deputy chairperson of the Tribunal shall have and may exercise or
 perform all the functions, duties, and powers of the chairperson.

   (2) The deputy chairperson shall, while acting for the chairperson, be
 deemed to be the chairperson of the Tribunal.

   (3) No act done by the deputy chairperson while acting for the
 chairperson, and no act done by the Tribunal while the deputy
 chairperson is acting for the chairperson, shall in any proceedings be
 questioned on the ground that the occasion for the deputy chairperson's
 so acting had not arisen or had ceased.

   (4) Where there are 2 or more deputy chairpersons of the Tribunal,---
   (a) The Minister shall from time to time, by written notice, nominate
         which of those deputy chairpersons shall, in the circumstances
         specified in subclause (1) of this clause, exercise or perform
         the functions, duties, and powers of the chairperson; and
   (b) References in this clause to the deputy chairperson shall be read
         as references to the deputy chairperson for the time being so
         nominated.

   2. Term of office---(1) The chairperson and each deputy chairperson of
 the Tribunal shall---
   (a) Be appointed for a term not exceeding 3 years; and
   (b) Take office from the date of the notice of appointment or such
         later date as may be specified in the notice; and
   (c) Subject to subclause (2) of this clause, be eligible for
         re-appointment from time to time.

   (2) No person shall hold office as the chairperson or as a deputy
 chairperson of the Tribunal for more than 6 consecutive years.

   (3) Notwithstanding subclauses (1) and (2) of this clause, 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 shall continue 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.

   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 a notice to that effect to the Minister.

   (2) A person who holds office as the chairperson or as a deputy
 chairperson of the Tribunal shall be deemed 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 the Council.

   (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 a mental
 or physical condition affecting performance of duty, or for neglect of
 duty, or misconduct, proved to the satisfaction of the Minister.

   4. Expenses of Tribunal---(1) There may be paid to the members of the
 Tribunal, and to any secretary or other officer of the Tribunal, such
 remuneration (by way of fees, salary, or otherwise) and allowances and
 expenses as the Council from time to time determines.

   (2) All remuneration, allowances, and expenses under subclause (1) of
 this clause, and all other expenses of the Tribunal approved by the
 Council, shall be paid out of the funds of the Council.

   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 such manner as it thinks fit; and
   (b) Prescribe or approve forms for the purposes of hearings.

   (2) The Tribunal shall publish any rules of procedure made by it.

   (3) The Tribunal shall observe the rules of natural justice at each
 hearing.

   6. Evidence--- (1) Subject to clause 5 (3) of this Schedule, 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 it would be admissible in a court of
 law.

   (2) The Tribunal may take evidence on oath, and for that purpose any
 member or officer of the Tribunal may administer an oath.

   (3) 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.

   (4) Subject to subclauses (1) to (3) of this clause, the Evidence Act
 1908 shall apply to the Tribunal in the same manner as if the Tribunal
 were a court within the meaning of that Act.
     Cf. 1993, No. 82, s. 106

   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 shall be verified by statutory declaration or otherwise as
 the Tribunal may require.

   (3) For the purposes of its proceedings, the Tribunal may of its own
 motion, 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 such terms and conditions as it thinks fit in respect of such
 supply and of the use that is to be made of the information,
 particulars, or copy.
     Cf. 1908, No. 25, s. 4C; 1980, No. 2, s. 4

   8. Witness summons--- (1) The Tribunal may of its own motion, 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 shall 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 which 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.
     Cf. 1993, No. 82, s. 109

   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 shall,---
   (a) Where it is served under subclause (1) (a) of this clause, be
         served at least 24 hours before the attendance of the witness is
         required; or
   (b) Where it is served under subclause (1) (b) of this clause, 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 shall be deemed
 for the purposes of subclause (2) (b) of this clause to have been served
 at the time when the letter would be delivered in the ordinary course of
 post.
     Cf. 1993, No. 82, s. 110

   10. Witnesses' allowances--- (1) Every witness attending before the
 Tribunal to give evidence pursuant to a summons shall be 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 shall apply
 accordingly.

   (2) On each occasion on which the Tribunal issues a summons under
 clause 8 (1) of this Schedule, the Tribunal, or the person exercising
 the power of the Tribunal under subclause (3) of that clause, shall fix
 an amount which, on the service of the summons, or at some other
 reasonable time before the date on which the witness is required to
 attend, shall be paid or tendered to the witness.

   (3) The amount fixed under subclause (2) of this clause shall 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) Where a party to the proceedings has requested the issue of the
 witness summons, the fees, allowances, and travelling expenses payable
 to the witness shall be paid by that party.

   (5) Where the Tribunal has of its own motion 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 Council.
     Cf. 1993, No. 82, s. 111

   11. Privileges and immunities--- (1) Every person shall have 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 as witnesses have
 in courts of law.

   (2) Witnesses and counsel appearing before the Tribunal shall have the
 same privileges and immunities as witnesses and counsel have in
 proceedings in a District Court.
     Cf. 1908, No. 25, ss. 4C (4), 6; 1980, No. 2, s. 5

   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 pursuant to clause 7 (1)
         (a) of this Schedule; 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) of this Schedule; or
   (c) Without sufficient cause, acts in contravention of, or fails to
         comply with, any order made by the Tribunal under clause 7 (3)
         of this Schedule or any term or condition of the order.

   (3) Every person who commits an offence against subclause (1) or
 subclause (2) of this clause is liable on summary conviction to a fine
 not exceeding $1,500.

   (4) No person summoned to attend before the Tribunal shall be
 convicted of an offence against subclause (1) of this clause unless
 there was tendered or paid to that person travelling expenses in
 accordance with clause 10 of this Schedule.
     Cf. 1908, No. 25, s. 9; 1980, No. 2, s. 5; 1993, No. 82, s. 113

   13. Contempt of Tribunal--- (1) Every person commits an offence and is
 liable on summary conviction to a fine not exceeding $1,000 who---
   (a) Assaults, threatens, or intimidates, or intentionally insults, the
         Tribunal or any member of it or any special 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) of this clause, whether or
 not such person is charged with the offence; and any member of the
 Police may take such steps as are reasonably necessary to enforce such
 an exclusion.
     Cf. 1994, No. 143, s. 221

   14. Power to amend charges--- (1) The Tribunal may, at any time during
 the hearing of any charge laid under section 102 of this Act, amend the
 charge in any way.

   (2) The Tribunal may, at the request of the medical practitioner
 concerned, if the Tribunal is of the opinion that the medical
 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.
     Cf. 1957, No. 87, s. 43

   15. Legal and medical assessors--- (1) The Tribunal may from time to
 time appoint a legal assessor, who, subject to subclause (3) of this
 clause, may---
   (a) Be present at any hearing of the Tribunal; and
   (b) At any time advise the Tribunal on matters of law, procedure, or
         evidence.

   (2) The Tribunal may from time to time appoint a medical assessor,
 who, subject to subclause (3) of this clause, may---
   (a) Be present at any hearing of the Tribunal; and
   (b) At any time advise the Tribunal on medical matters.

   (3) No legal assessor or medical assessor shall be entitled to be
 present during any deliberations of the Tribunal.

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