59J. Interim Orders Committee

The Medical Council may, from time to time, appoint one or more committees each comprising 3 members who must each be a member of the Medical Council or the Complaints Panel, to be known for the purposes of this Act as Interim Orders Committees, to inquire into or review any matter under this Division.

An Interim Orders Committee may be appointed in connection with one or more matters or for a fixed period of time.

The chairman of the Complaints Panel, the President of the Disciplinary Commission, an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee may refer any complaint or information, that was referred to the chairman, President, Committee or Tribunal (as the case may be), to the Medical Council for the purpose of —

Subject to subsection (5), the Medical Council may, on its own motion and at any time after any complaint or information is made, provided or referred under section 40(1) or (6)(a), refer the complaint or information to an Interim Orders Committee for the purpose of determining whether an order should be made under section 59L(1).

The Medical Council must not refer any complaint or information to which section 42(1) or (2) applies to an Interim Orders Committee under subsection (4) at any time before the President of the Disciplinary Commission has assessed that it is in the public interest to refer the complaint or information to the chairman of the Complaints Panel under section 42(3)(a).

The chairman of the Complaints Panel, or a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee, is disqualified from acting as a member of an Interim Orders Committee inquiring into and determining the same matter as the chairman, or the Inquiry Committee, Complaints Committee, Review Committee, Disciplinary Tribunal or Health Committee, as the case may be.

Where the Medical Council refers any complaint or information under subsection (4) to an Interim Orders Committee, any member of the Medical Council who participated in or influenced the making of the decision to make the referral is disqualified from acting as a member of the Interim Orders Committee inquiring into or reviewing the same matter.

A member of an Interim Orders Committee inquiring into or reviewing any matter is disqualified from acting as a member of an Inquiry Committee, a Complaints Committee, a Review Committee, a Disciplinary Tribunal or a Health Committee inquiring into or reviewing the same matter, or taking part in any deliberation of the Medical Council in respect of the same matter under any provision of this Part.

Section 59A(3) to (9) applies, with the necessary modifications, to an Interim Orders Committee and to proceedings before it as it applies to a Disciplinary Tribunal appointed under section 58 and to proceedings before such Disciplinary Tribunal.