Previous - Contents - NextMedical Practitioners Act 1995
VIII: Discipline
Procedure and Decisions of Tribunal 106 Hearings of Tribunal to be in public
106. Hearings of Tribunal to be in public---(1) Except as provided in
this section and in section 107 of this Act, every hearing of the
Tribunal shall be held in public.
(2) Where the Tribunal is satisfied that it is desirable to do so,
after having regard to the interests of any person (including (without
limitation) the privacy of the complainant (if any)) and to the public
interest, it may make any 1 or more of the following orders:
(a) An order that the whole or any part of a hearing shall be held in
private:
(b) An order prohibiting the publication of any report or account of
any part of any hearing by the Tribunal, whether held in public
or in private:
(c) An order prohibiting the publication of the whole or any part of
any books, papers, or documents produced at any hearing:
(d) Subject to subsection (7) of this section, an order prohibiting
the publication of the name, or any particulars of the affairs,
of any person.
(3) Every application to the Tribunal for an order under this section
shall be heard in private, but the other parties to the proceedings and
the complainant (if any) shall be entitled to be present and to make
submissions with regard to the application.
(4) In any case where a hearing of the Tribunal is held in private,
the Tribunal may allow any particular person to attend the private
hearing if it is satisfied that the person has a particular interest in
the matter to be heard.
(5) An order made under this section shall continue in force until
such time as may be specified in the order, or, if no time is specified,
until revoked by the Tribunal under section 108 of this Act.
(6) The Tribunal may in any case deliberate in private as to its
decision or as to any question arising in the course of a hearing.
(7) Subsection (2) (d) of this section shall not apply to or in
respect of---
(a) Any communication by or on behalf of the Health and Disability
Commissioner under the Health and Disability Commissioner Act
1994; or
(b) Any communication between any of the Health and Disability
Commissioner, the Council, and the Tribunal; or
(c) The publication, under section 138 of this Act, of the effect of
any order.
Cf. 1988, No. 150, s. 62
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