Previous - Contents - NextMedical Practitioners Act 1995
VIII: Discipline
Procedure and Decisions of Tribunal 110 Penalties
110. Penalties--- (1) In any case to which section 109 of this Act
applies, the Tribunal may,---
(a) Subject to subsection (2) of this section, order that the name of
the medical practitioner be removed from the register or any
part of the register:
(b) Order that the registration of the medical practitioner be
suspended for a period not exceeding 12 months:
(c) Order that the medical practitioner may, for a period not
exceeding 3 years, practise medicine only in accordance with
such conditions as to employment, supervision, or otherwise as
are specified in the order:
(d) Order that the medical practitioner be censured:
(e) Subject to subsections (3) and (4) of this section, order that the
medical practitioner pay a fine not exceeding $20,000:
(f) Order that the medical practitioner pay part or all of the costs
and expenses of and incidental to any or all of the following:
(i) Any investigation made by the Health and Disability
Commissioner under the Health and Disability Commissioner Act
1994 in relation to the subject-matter of the charge:
(ii) Any inquiry made by a complaints assessment committee in
relation to the subject-matter of the charge:
(iii) The prosecution of the charge by the Director of
Proceedings or complaints assessment committee, as the case may
be:
(iv) The hearing by the Tribunal.
(2) The Tribunal shall not make an order under subsection (1) (a) of
this section ordering that the name of a medical practitioner be removed
from the register or any part of the register, unless the Tribunal has
found the medical practitioner---
(a) Guilty of disgraceful conduct in a professional respect; or
(b) Guilty of a disciplinary offence against paragraph (e) or
paragraph (f) of section 109 (1) of this Act.
(3) Where the Tribunal is dealing with any matter that constitutes an
offence for which the medical practitioner has been convicted by a
court, the Tribunal shall not impose a fine under subsection (1) (e) of
this section.
(4) In determining whether or not to make an order under subsection
(1) (e) of this section that a medical practitioner pay a fine in
respect of any conduct of that medical practitioner, and in determining
the amount of any such fine, the Tribunal shall, where damages have been
awarded against the medical practitioner, in respect of that conduct,
under section 57 of the Health and Disability Commissioner Act 1994,
have regard to the amount of that award of damages.
Cf. 1968, No. 46, ss. 58 (2), 58B (1); 1983, No. 40, s. 9; 1988, No.
150, ss. 55, 56, 58
Previous - Contents - Next