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Medical Practitioners Act 1995

VIII: Discipline
Procedure and Decisions of Tribunal
103   Notice of disciplinary proceedings to be given to practitioner



   103. Notice of disciplinary proceedings to be given to
 practitioner---(1) Where the chairperson of the Tribunal is required to
 convene a hearing of the Tribunal to consider a charge against a medical
 practitioner, he or she shall forthwith cause to be given to the
 practitioner a notice---
   (a) Stating that the Director of Proceedings, or a complaints
         assessment committee, as the case may be, has reason to believe
         that a ground exists entitling the Tribunal to exercise its
         powers under section 109 of this Act; and
   (b) Containing such particulars as will clearly inform the
         practitioner of the substance of the ground believed to exist;
         and
   (c) Specifying the particulars of the charge; and
   (d) Specifying 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) Where applicable, the chairperson of the Tribunal shall, without
 delay, cause to be given to the complainant a copy of the notice
 required to be given to the medical practitioner under this section.


   (3) Every notice given to a medical practitioner under this section
 shall require the practitioner to notify the Tribunal in writing, not
 later than 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 a
 notice under this section, the practitioner shall be entitled to appear
 and be heard at the hearing only on such conditions as to payment of
 costs and expenses or otherwise as the Tribunal thinks fit and so
 orders.
     Cf. 1968, No. 46, ss. 56A (5)-(8), 58 (3); 1983, No. 40, ss. 8, 9;
       1988, No. 150, s. 61 (1)-(3)
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