Traditional Chinese Medicine Practitioners (Disciplinary Proceedings) Regulations 2020

For purposes of section 26B(2)(b) of the Act, a statutory declaration must state the following:

Where a complaint is made or information is given by a member of the Board, that member is disqualified from taking part in any deliberation of the Board relating to the member’s complaint or information and from being appointed as a member of an Inquiry Committee conducting an inquiry into the member’s complaint or information.

If, under section 26C(2) of the Act, the Board requires a registered person to answer any inquiry or provide any record that the Board considers relevant for the purpose of its review, the Registrar, at the Board’s direction, must serve on the registered person a copy of the complaint or information and any statutory declaration provided under section 26B(2)(b) of the Act.

Where a complaint is based on the conviction of the registered person of an offence specified in section 19(1)(g) or (h) of the Act, the Board may, in the course of its review under section 26C of the Act, have regard to the record of the proceedings in court relating to that offence.

The Board may appoint an advocate and solicitor or a public officer as an appointed person to assist an Inquiry Committee in conducting an inquiry.

An advocate and solicitor appointed under paragraph (1) may be paid the fees that the Board approves.

A notice under section 26F(1) of the Act must, in addition to the matters specified in section 26F(2) —

The hearing must be held no earlier than 28 days after the date of the notice, except with the agreement of the registered person.

An Inquiry Committee may, of its own motion or upon the application of any party, postpone the commencement of the hearing or adjourn any proceedings at any time.

An application for postponement of the commencement of the hearing must be —

The Inquiry Committee must record in writing the reason for any adjournment of the hearing.

An adjournment may not be given for more than 14 days except with the permission of the Chairman of the Board.

If a registered person wishes to raise any defence at the hearing, the registered person or his or her counsel must, at least 10 days before the date fixed for the commencement of the hearing, send to the Inquiry Committee and the appointed person —

The appointed person must, as soon as possible, send to the executive secretary of the Board a copy of any statement, report or document received under paragraph (1).

The appointed person and the registered person or his or her counsel must, as far as possible, prepare an agreed statement of facts, an agreed bundle of documents or exhibits to be used at the hearing, and their lists of witnesses to be called at the hearing.

The appointed person must, at least 5 days before the date of commencement of the hearing, send the following (if available) to the executive secretary of the Board and to the registered person or his or her counsel:

The appointed person may give notice to the registered person or his or her counsel —

The case against the registered person may be presented by the appointed person at the hearing.

The registered person may appear in person or be represented by counsel at the hearing.

If the registered person does not appear at the hearing, the Inquiry Committee may proceed with the hearing after satisfying itself that a notice that complies with regulation 7 was served on the registered person in accordance with the Act.

A hearing by the Inquiry Committee under these Regulations is to be held in private.

The Inquiry Committee is to adopt the following procedure for holding its hearing but may, in any particular case, make any variations or modifications that it thinks fit:

The Inquiry Committee is not bound to act in a formal manner and is not bound by the Evidence Act 1893 or by any other written law or rule of law relating to evidence, but may inform itself on any matter in the manner it thinks fit.

The Inquiry Committee may conduct proceedings under these Regulations despite the absence of one of its members and the validity of the proceedings may not be challenged on this ground.

The acts of the Inquiry Committee are valid despite any defect that may subsequently be discovered in the appointment or qualification of any of its members.

If the Inquiry Committee is satisfied that the registered person or his or her counsel is hampering or attempting to hamper the progress of the hearing, the Inquiry Committee may administer a warning to the registered person and, where appropriate, his or her counsel.

If the Inquiry Committee is satisfied that a warning administered under paragraph (9) is being disregarded, the Inquiry Committee must make a record to that effect and may proceed to complete the hearing in the manner it thinks fit.

When a registered person is alleged to have committed 2 or more disciplinary offences, a single hearing into any number of those disciplinary offences may be held if the disciplinary offences form or are a part of a series of disciplinary offences of the same or a similar character.

If, in one series of acts or omissions so connected as to form the same transaction, 2 or more disciplinary offences are committed by the same registered person, a single hearing into each of those disciplinary offences may be held.

Despite regulations 13 and 14, an Inquiry Committee may inquire into 2 or more disciplinary offences together at a single hearing or order a joint hearing, if —

Despite paragraph (1), the Board must not hold a single or joint hearing in relation to a registered person who had earlier given consent under that paragraph, if —

The record of the inquiry comprises the following:

The information obtained at the hearing may be in the form of question and answer or a narrative.

Despite the information obtained at the hearing being in the form of a narrative, the Inquiry Committee may record any particular question and answer.

Where the Board makes a decision under section 26G(2) of the Act, the Registrar must notify the following persons about that decision:

If the Board refers the complaint or information back to the Inquiry Committee for reconsideration or a further report under section 26G(2)(c) of the Act, the Board must give the registered person at least 14 days’ notice of any further hearing of the Inquiry Committee.

The Board may inform the dean or registrar or other officer of any university, college, institution or other examination body from which the registered person received his or her degree or qualification of its decision.

The Board may publish an account of the inquiry by the Inquiry Committee, its findings and its decision.