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37. Establishment and notification of an informal hearing If the Board has determined that an informal hearing be held into the professional conduct of a registered practitioner under section 25 or 26, the Board must-- (a) appoint a panel to hold the hearing; and (b) fix a time and place for the hearing to be held; and (c) by registered post, serve a notice on the practitioner which complies with section 39; and (d) serve notice on any complainant by registered post under section 56(4)(a) and (b). 38. Constitution of a panel for an informal hearing (1) A panel appointed under section 37 is to consist of not more than 3 persons-- (a) who are to be members of the Board; and (b) of whom, at least 1 is to be a practitioner registered in the same division as the practitioner being investigated. (2) If-- (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or (b) the Board is of the opinion that a person with special expertise is required for the hearing-- the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (4). (3) A person who has undertaken a preliminary investigation of the matter is not entitled to be a member of the panel. (4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2). 39. Notice of an informal hearing A notice of an informal hearing under section 37 must-- (a) state the nature of the hearing and the allegations made against the practitioner; and (b) give the time and place of the hearing; and (c) state that the practitioner may choose to have the matter determined by a formal hearing and state the differences between a formal and informal hearing; and (d) state that there is no right to legal representation at the informal hearing, but that the practitioner is entitled to be present and to make submissions and to be accompanied by another person; and (e) state that the informal hearing is not open to the public; and (f) list the possible findings the panel can make or determinations the panel can make. 40. Conduct of an informal hearing At an informal hearing-- (a) the panel must hear and determine the matter before it; and (b) the practitioner who is the subject of the hearing is entitled to be present, to make submissions and to be accompanied by another person but is not entitled to be represented; and (c) the proceedings of the hearing must not be open to the public. 41. Findings and determinations of an informal hearing (1) After considering all the submissions made to the hearing the panel may find either-- (a) that the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or (b) that the practitioner has not engaged in unprofessional conduct. (2) If the panel finds that the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations-- (a) that the practitioner undergo counselling; (b) that the practitioner be cautioned; (c) that the practitioner be reprimanded; (d) that the practitioner undertake further education of the kind stated in the determination and complete it within the period specified in the determination. 42. Change of informal hearing to formal hearing during course of hearing If, before the end of the hearing-- (a) the practitioner who is the subject of the hearing fails to attend the hearing without good cause; or (b) the practitioner requests that a formal hearing be held; or (c) the panel is of the opinion that a formal hearing should be held-- the panel must abandon the informal hearing and refer the matter to a formal hearing. 43. Request for formal hearing upon completion of informal hearing Upon the completion of an informal hearing, the practitioner who was the subject of the hearing may request that a formal hearing be held to review any findings and determinations of the informal hearing. 44. Establishment and notification of formal hearing If-- (a) the Board has determined that a formal hearing be held under section 25 or 26 or has referred a matter to a formal hearing under section 33; or (b) a practitioner has requested a formal hearing under section 43; or (c) a panel has referred a matter to a formal hearing under section 42-- the Board must-- (d) appoint a panel to hold the hearing; and (e) fix a time and place for the hearing to be conducted; and (f) serve a notice on the practitioner by registered post which complies with section 46; and (g) serve a notice on any complainant by registered post under section 56(4)(a) and (b). 45. Constitution of a hearing panel for a formal hearing (1) A panel appointed under section 44 must consist of not less than 3 persons-- (a) who are to be members of the Board; and (b) of whom 1 is to be a lawyer and at least 1 is to be a practitioner registered in the same division as the practitioner being investigated. (2) If-- (a) the Board is unable to appoint a panel because there are not enough members available to sit on it; or (b) the Board is of the opinion that a person with special expertise is required for the hearing-- the President or, in the absence of the President, the Deputy President may fill the vacant positions on the panel by appointing persons who are not members of the Board from a list of persons approved by the Governor in Council under sub-section (4). (3) The following people are not entitled to be members of a panel for a formal hearing-- (a) a person who has undertaken a preliminary investigation of the matter which is the subject of the hearing; (b) a person who has been a member of a panel which held an informal hearing into the matter. (4) The Governor in Council, on the recommendation of the Minister, may approve persons who are not members of the Board to be available to be appointed to a panel under sub-section (2). 46. Notice of a formal hearing A notice of a formal hearing under section 44 must-- (a) state the nature of the hearing and the allegations made against the practitioner; and (b) give the time and place of the hearing; and (c) state that there is a right to make submissions and to be represented, that the hearing is open to the public, list the possible findings the panel can make and state that there is a right to apply for a review of the panel's findings. 47. Conduct of a formal hearing At a formal hearing-- (a) the hearing panel must hear and determine the matter before it; and (b) the practitioner who is the subject of the hearing is entitled to be present, to make submissions and to be represented; and (c) if the hearing arises out of a complaint, the identity of the complainant is not to be published or broadcast and the complainant-- (i) in the case of a proceeding which has not been closed under paragraph (d), is entitled to be present; and (ii) if not called as a witness, may make submissions with the permission of the panel; and (d) the proceedings are to be open to the public unless the panel determines that the proceedings should be closed because the hearing is taking evidence of intimate, personal or financial matters; and (e) if the panel has determined that the proceedings are closed, the panel may determine that the identity of any witness giving evidence in the proceedings is not to be published or broadcast; and (f) the panel may determine that any information that might enable the registered practitioner who is the subject of the hearing to be identified must not be published or broadcast if the panel considers it necessary to do so to avoid prejudicing the administration of justice or for any other reason in the interests of justice. 48. Findings and determinations of a formal hearing into conduct (1) After considering all the submissions made to a formal hearing into the professional conduct of a registered practitioner the panel may find that-- (a) the practitioner has, whether by act or omission, engaged in unprofessional conduct of a serious nature; or (b) the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or (c) the practitioner has not engaged in unprofessional conduct. (2) If the panel finds that the practitioner has, whether by act or omission, engaged in unprofessional conduct of a serious nature, the panel may make one or more of the following determinations-- (a) require the practitioner to undergo counselling; (b) caution the practitioner; (c) reprimand the practitioner; (d) require the practitioner to undertake further education of the kind stated in the determination and to complete it within the period specified in the determination; (e) impose conditions, limitations or restrictions on the registration or endorsement of registration of the practitioner; (f) impose a fine on the practitioner of not more than $10 pose a fine on the practitioner of not more than $10 000 (g) suspend the registration of the practitioner for the period specified in the determination; (h) cancel the registration or an endorsement of the registration of the practitioner. (3) If the panel finds under sub-section (1)(b) that the practitioner has, whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make any determination which a panel at an informal hearing is able to make upon making such a finding. (4) The panel must not impose a fine where the conduct which is the subject of the finding has resulted in a fine being imposed by another tribunal or court of law. (5) If the panel has made an order under sub-section (2)(a), (d) or (f) and the practitioner has not complied with the order within the time specified in the order, the Board may suspend the practitioner's registration until the order is complied with. 49. Findings and determinations of a formal hearing into ability to practise (1) After considering all the submissions made to a formal hearing into the ability to practise of a registered practitioner, the panel may find that-- (a) the ability of the practitioner to practise is affected because-- (i) of the physical or mental health of the practitioner; or (ii) the practitioner has an incapacity; or (iii) the practitioner is an alcoholic or drug-dependent person; or (b) the ability of the practitioner is not affected. (2) If the panel makes a finding under sub-section (1)(a), the panel may make one or more of the following determinations-- (a) to impose conditions, limitations or restrictions on the registration or endorsement of registration of the practitioner;
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