59A. Proceedings of Disciplinary Tribunal

A Disciplinary Tribunal may meet from time to time to inquire into any matter mentioned in section 58(1) and may, subject to any rules made under section 70A, regulate its own procedure.

A member of a Disciplinary Tribunal who ceases to be a member of the Complaints Panel on the expiration of his term of office is taken to be a member of the Disciplinary Tribunal until the completion of the work by the Disciplinary Tribunal.

The registered medical practitioner concerned may appear in person before the Disciplinary Tribunal 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.

The subpoenas mentioned in subsection (5) must be served and may be enforced as if they were orders to attend court or orders to produce documents issued in connection with a civil action in the General Division of the High Court.

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

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

Where a Disciplinary Tribunal is appointed to conduct a formal inquiry into any complaint or information referred to the President of the Disciplinary Commission under section 40(7) —

A Disciplinary Tribunal must carry out its work expeditiously, and must make its finding and order within 6 months after the date of the appointment of the Disciplinary Tribunal.

Where a Disciplinary Tribunal is of the opinion that it will not be able to make its finding and order within the period mentioned in subsection (10) —

Upon receiving an application under subsection (11)(b), the President of the Disciplinary Commission may, if the President of the Disciplinary Commission is satisfied that the circumstances of the case justify the grant of an extension, grant the Disciplinary Tribunal one (but not more than one) extension of the period mentioned in subsection (10), except that the extension must not extend beyond the period of 9 months after the date of the appointment of that Disciplinary Tribunal.

The Medical Council may, upon a written request by a Disciplinary Tribunal, apply to the General Division of the High Court in accordance with section 59U for a further extension of time that extends beyond the period mentioned in subsection (12) to make its finding and order.