Medical Registration Act 1997 · 2020 Revised Edition · Part 7 · Disciplinary Proceedings and Inquiries
49. Inquiry Committee or Complaints Committee may make costs orders
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Where an Inquiry Committee makes a decision under section 43(3)(a) or a Complaints Committee is of the opinion that the matter is frivolous, vexatious, misconceived or lacking in substance and dismisses the matter under section 46(1)(h), the Inquiry Committee or Complaints Committee (as the case may be) may, after hearing the complainant (if the complainant desires to be heard) —
Complaints Committee
“Complaints Committee” means a committee appointed by the chairman of the Complaints Panel under section 40;
order that the costs of the matter be paid by the complainant; and
in such order, specify the amount of those costs or direct that the amount be taxed by the Registrar of the Supreme Court.
An Inquiry Committee or a Complaints Committee in exercising its discretion as to costs may take into account the parties’ conduct in relation to any attempt at resolving the matter by mediation or any other means of dispute resolution.
The General Division of the High Court has jurisdiction to tax any costs mentioned in subsection (1) and any order for costs made by the General Division of the High Court is enforceable as if it were ordered in connection with a civil action in the General Division of the High Court.
Any person who is aggrieved by an order under subsection (1) may, within 14 days after being notified of the order, appeal to the General Division of the High Court.
An appeal under subsection (4) may be made by originating application.