Section 51

A Disciplinary Tribunal is to meet from time to time to inquire into a matter referred to it by the Council and may regulate its own procedure.

A member of a Disciplinary Tribunal, despite having ceased to be a member of the Complaints Panel or a panel mentioned in section 50(1)(a) on the expiry of his or her term of office, continues to be a member of the Disciplinary Tribunal until such time as the Disciplinary Tribunal has completed its work.

The registered allied health professional concerned may appear in person or be represented by counsel.

A Disciplinary Tribunal is not bound to act in a formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.

A Disciplinary Tribunal may, for the purposes of any proceedings before it, administer oaths, and any party to the proceedings may take out a subpoena to testify or a subpoena to produce documents.

A subpoena under subsection (5) must be served and may be enforced as if it is a subpoena issued in connection with a civil action in the General Division of the High Court.

A person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth.

A witness has the same privileges and immunities in relation to hearings before a Disciplinary Tribunal as if those hearings were proceedings in a court of law.

A Disciplinary Tribunal must carry out its work expeditiously and may apply to the Council for an extension of time and for directions to be given to the Disciplinary Tribunal if the Disciplinary Tribunal fails to make its finding and order within 6 months from the date of its appointment.

When an application for extension of time has been made under subsection (9), the Council may grant an extension of time for such period as it thinks fit.

In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation.