Allied Health Professions (Professional Conduct and Discipline) Regulations 2013

Where a Disciplinary Tribunal has been appointed under section 50(1) of the Act, the Council’s solicitor must send a notice set out in Form 1 of the First Schedule to the registered allied health professional concerned.

The notice mentioned in paragraph (1) must —

An inquiry must not be held earlier than 28 days after the date of the notice of inquiry except with the agreement of the registered allied health professional.

Subject to section 51(9) and (10) of the Act, a Disciplinary Tribunal may, of its own motion or upon the application of any party, postpone the commencement of any inquiry or adjourn any proceedings at any time.

An application for the postponement of the commencement of an inquiry must be made in writing to the chairperson of the Disciplinary Tribunal at least 21 days before the date fixed for the commencement of the inquiry, unless the Disciplinary Tribunal allows the application to be made in a shorter period before the commencement of the inquiry, and must be supported by good reasons.

A Disciplinary Tribunal may, at any time after it is appointed, of its own motion or upon the application of any party, direct any party or the parties to attend a pre‑inquiry conference before the chairperson of the Disciplinary Tribunal, in order that the chairperson may make such orders or give such directions of an administrative nature as he or she thinks fit for the just, expeditious and economical disposal of the inquiry.

Where the chairperson of the Disciplinary Tribunal is a registered allied health professional, he or she may be assisted at the pre‑inquiry conference by —

The chairperson of the Disciplinary Tribunal may adjourn a pre‑inquiry conference from time to time, either generally or to a particular date, as may be appropriate.

The chairperson of the Disciplinary Tribunal may, in exercising his or her powers under this regulation, make such recommendation as to costs, as he or she thinks fit, to the Disciplinary Tribunal, including costs occasioned by any non‑compliance with a direction given or an order made by the chairperson under this regulation.

If the registered allied health professional wishes to raise any defence at the inquiry, the registered allied health professional or his or her counsel must, at least 10 days before the date fixed for the commencement of the inquiry, send to the Council’s solicitor the report of any expert witness whom the registered allied health professional or his or her counsel intends to call at the inquiry.

The Council’s solicitor must, as soon as practicable, send to the executive secretary of the Council —

The Council’s solicitor and the registered allied health professional or his or her counsel must, as far as possible, co‑operate to prepare an agreed statement of facts, an agreed bundle of documents or exhibits to be used at the inquiry and their lists of witnesses to be called at the inquiry.

The Council’s solicitor must, at least 5 days before the commencement of the inquiry or within such time as may be directed by the chairperson of the Disciplinary Tribunal at a pre‑inquiry conference, send the following, if available, to the executive secretary of the Council and the registered allied health professional or his or her counsel:

The Council’s solicitor may —

The Council must consider any representations received from a registered allied health professional or his or her counsel in respect of any charge framed against the registered allied health professional and may, if the Council considers it fair and expedient to do so, consent to —

The Council may appoint a committee to exercise the powers and functions of the Council under paragraph (1).

The number and terms of office of the members of a committee appointed under paragraph (2), and the number of those members necessary to form a quorum, are to be fixed by the Council at the time of the appointment of the committee.

At the inquiry, the case against the registered allied health professional may be presented by the Council’s solicitor.

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

Where neither the registered allied health professional nor his or her counsel is present, the Disciplinary Tribunal may proceed with the inquiry if it is satisfied that regulation 4 has been complied with.

The Disciplinary Tribunal must adopt the following procedure for holding its inquiry, but may make any variations or modifications that it thinks fit in any particular case:

Where at any point in the proceedings the Disciplinary Tribunal determines that the evidence brought forward is insufficient or there is no evidence to substantiate any charge or all of the charges, the Disciplinary Tribunal must discontinue further proceedings on the charge or charges.

If the Disciplinary Tribunal is satisfied that the registered allied health professional or his or her counsel is hampering or attempting to hamper the progress of the inquiry, the chairperson of the Disciplinary Tribunal must administer a warning to the registered allied health professional and, where appropriate, his or her counsel.

If after such warning the Disciplinary Tribunal is satisfied that the warning is being disregarded, the Disciplinary Tribunal must make a written note of this and must proceed with and complete the inquiry in any manner which it thinks fit.

The inquiry by the Disciplinary Tribunal must be held in private.

A Disciplinary Tribunal may alter a charge or frame a new charge, whether in substitution for or in addition to an existing charge, at any time before it makes a finding under section 53 of the Act.

An altered charge or a new charge must be read and explained to the registered allied health professional.

If a charge is altered or a new charge is framed under paragraph (1), the Disciplinary Tribunal must immediately call on the registered allied health professional to enter his or her plea and to state whether he or she is ready for the inquiry to proceed on the altered or new charge.

If the registered allied health professional declares that he or she is not ready for the inquiry to proceed on the altered or new charge, the Disciplinary Tribunal must duly consider any reason he or she gives.

Despite paragraph (4), if the Disciplinary Tribunal thinks that proceeding immediately with the inquiry is unlikely to prejudice the registered allied health professional’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Tribunal may proceed with the inquiry.

If, after considering any reason given by the registered allied health professional under paragraph (4), the Disciplinary Tribunal thinks that proceeding immediately with the inquiry is likely to prejudice the registered allied health professional’s defence or the conduct of the case by the Council’s solicitor, then the Disciplinary Tribunal may direct a new inquiry or adjourn the inquiry for as long as it thinks necessary.

If a charge is altered or a new charge is framed by the Disciplinary Tribunal after the start of an inquiry, the Council’s solicitor and the registered allied health professional must, on application to the Disciplinary Tribunal by either party, be allowed to recall or re‑summon and examine any witness who may have been examined, with respect to the altered or new charge only, unless the Disciplinary Tribunal thinks that the application is frivolous or vexatious, or is otherwise an abuse of process.

When a registered allied health professional is alleged to have committed 2 or more disciplinary offences, a single inquiry into any number of those disciplinary offences may be held if the disciplinary offences form or are 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 allied health professional, then a single inquiry into every such disciplinary offence may be held.

A Disciplinary Tribunal may inquire into 2 or more disciplinary offences together at a single inquiry or order a joint inquiry, even though it cannot do so by virtue of regulation 13 or 14, if —

Despite paragraph (1), the Disciplinary Tribunal must not hold a single or joint inquiry in relation to a registered allied health professional who had earlier given consent under that paragraph, if —

After the closing address by the Council’s solicitor, the Disciplinary Tribunal must inform the parties of its findings in relation to the facts of the case either immediately or on a subsequent date of which reasonable notice must be given to the parties.

If the Disciplinary Tribunal is satisfied that the charge or any of the charges made against the registered allied health professional have been proved, the Disciplinary Tribunal must invite the registered allied health professional or his or her counsel to address the Disciplinary Tribunal by way of mitigation and, after hearing the address (if any) proceed to exercise the powers under section 53(2) of the Act.

Where a Disciplinary Tribunal makes a finding under section 53(1) of the Act against a registered allied health professional in respect of a disciplinary offence, the Disciplinary Tribunal, in exercising its powers under section 53(2) of the Act, may, with the consent of the Council and the registered allied health professional, take into consideration any other outstanding disciplinary offences that the registered allied health professional admits to have committed.

After the Disciplinary Tribunal has exercised its powers under section 53(2) of the Act, disciplinary action must not be taken against the registered allied health professional in respect of any such other disciplinary offences that the Disciplinary Tribunal had taken into consideration under this regulation unless the findings of the Disciplinary Tribunal in respect of the original disciplinary offence mentioned in paragraph (1) are set aside.

The Disciplinary Tribunal may, at any stage in the proceedings, refer to any written statement or reference material, even though its author or, in the case of reference material, an expert may not be called, if —

A copy of the written statement or reference material mentioned in paragraph (1) must be made available to the registered allied health professional at the inquiry.

Where, even though any written statement or reference material has been referred to by the Disciplinary Tribunal under paragraph (1), the Disciplinary Tribunal is of the opinion that it should be supplemented by oral testimony —

If, in any case where the Disciplinary Tribunal has adjourned the case or postponed its finding, it appears to the chairperson of the Disciplinary Tribunal that the Disciplinary Tribunal should resume consideration of the case, the chairperson of the Disciplinary Tribunal must notify the Council’s solicitor and the registered allied health professional or his or her counsel of the date, time and place where the Disciplinary Tribunal will meet to resume its consideration of the case.

Without limiting paragraph (1), where a Disciplinary Tribunal has imposed any condition or restriction under section 53(2)(d) or 54(2) of the Act and information is subsequently received that the registered allied health professional is in a material respect not complying with the condition or restriction —

Regulations 5 to 21 apply, with the necessary modifications, to any meeting under paragraph (1) or (2).

A Performance Assessment Panel appointed under section 45(1) of the Act must comprise —

In assessing the quality of a registered allied health professional’s professional services, a Performance Assessment Panel —

A Fitness Assessment Panel appointed under section 46(1) of the Act must comprise 2 registered medical practitioners of at least 15 years’ standing.

The report submitted by a Fitness Assessment Panel under section 46(3) of the Act must address all relevant matters relating to the registered allied health professional’s fitness to practise, including the following:

Where a complaint or information is referred to a Health Committee under section 41(2)(a), 49(2)(a) or 52(1) of the Act, the chairperson of the Health Committee may send a written notice to the registered allied health professional —

The Health Committee must, in the notice mentioned in paragraph (1) —

The Health Committee may, as soon as practicable, proceed with its inquiry and make such order as it thinks fit under section 58 of the Act, if the registered allied health professional —

The chairperson of the Health Committee must forward to the registered allied health professional, together with the notice mentioned in paragraph (1), copies of any complaint or information and of any statutory declaration or affidavit made in support of the complaint or information.

If the registered allied health professional agrees to submit to a medical examination by the medical practitioners appointed by a Health Committee in response to an invitation sent under regulation 26(1)(a), the Health Committee must make arrangements for the examination.

The Health Committee must send to the medical practitioners mentioned in paragraph (1) and any medical practitioner nominated under regulation 26(2)(a) the information received by the Health Committee and must ask them to report to the Health Committee —

If the registered allied health professional does not agree to submit to a medical examination in response to an invitation sent under regulation 26(1)(a), the Health Committee must, as soon as practicable, send to the registered allied health professional a notice —

The notice mentioned in paragraph (1) must be sent —

Except with the agreement of the registered allied health professional, no case is to be heard by the Health Committee at any date earlier than 28 days after the date of the notice mentioned in paragraph (1).

The notice mentioned in paragraph (1) must be accompanied by copies of any report, written statement and other document before the Health Committee which have not already been sent to the registered allied health professional.

Where —

For the purposes of any proceedings before a Health Committee, a reference to a Disciplinary Tribunal in regulations 5, 7, 9, 11(4) to (8) and 21 is to be read as a reference to a Health Committee.

At the conclusion of the proceedings, the Health Committee must consider and determine whether or not it is of the view that the registered allied health professional’s fitness to practise is impaired by reason of his or her physical or mental condition.

In reaching its judgment, the Health Committee is entitled to consider —

The Health Committee must notify the Registrar of any order made under section 58 of the Act and the Registrar must serve on the registered allied health professional a notice in accordance with section 58(9) of the Act.

The chairperson of the Health Committee may announce the determination of the Health Committee under regulation 32 in the terms that the Health Committee may approve.

If, in any case where a Health Committee has adjourned the case or postponed its finding, it appears to the chairperson of the Health Committee that the Health Committee should resume consideration of the case, the chairperson of the Health Committee must notify the registered allied health professional of the date, time and place where the Health Committee will meet to resume its consideration of the case.

Without limiting paragraph (1), where a Health Committee has imposed any condition or restriction under section 58(1)(c), (4) or (5)(b) of the Act and information is subsequently received that the registered allied health professional is in a material respect not complying with the condition or restriction —

Regulations 30 to 33 apply, with the necessary modifications, to any meeting under paragraph (1) or (2).

Before any meeting under paragraph (1) or (2), the chairperson of the Health Committee may invite the registered allied health professional to submit to a further medical examination in the manner provided in regulation 26 with any modifications that the Health Committee thinks fit.

Where any complaint or information regarding any registered allied health professional has been referred to an Interim Orders Committee under section 60(3) of the Act, the Council’s solicitor must send a notice as set out in Form 2 of the First Schedule to the registered allied health professional —

A hearing must not be held earlier than 14 days after the date of the notice mentioned in paragraph (1), except with the agreement of the registered allied health professional or in an urgent case.

Before the date of an initial hearing (other than any such hearing that has been adjourned), the Council must make available to each member of the Interim Orders Committee concerned —

The Council must make available to the registered allied health professional all the documents that have been made available to the Interim Orders Committee under paragraph (1)(b).

Subject to paragraph (4), the Interim Orders Committee may receive oral, documentary or other evidence of any fact or matter which appears to it to be relevant to its inquiry.

A person must not give oral evidence at the hearing unless the Interim Orders Committee considers that such evidence is necessary to enable it to perform its duty or discharge its functions.

The Interim Orders Committee may, at any stage in its proceedings, allow a party to produce any written evidence at the hearing, if —

Where the Interim Orders Committee has allowed any party to produce any written evidence at the hearing, a copy of the evidence must be given to each of the following:

At the hearing, the Interim Orders Committee may invite the Council’s solicitor to address it as to whether an order under section 61 of the Act should be made, and the registered allied health professional or his or her counsel is to be given the opportunity to speak last.

Subject to paragraph (7), the procedure at the hearing is as the Interim Orders Committee may determine.

At the hearing, the Council’s solicitor and the registered allied health professional or his or her counsel may, subject to paragraph (4), call witnesses and may put questions to any person called as a witness.

Members of the Interim Orders Committee may put questions to any person called as a witness.

Before a review hearing (other than any such hearing that has been adjourned), the Council must make available to the Interim Orders Committee concerned —

The Council must make available to the registered allied health professional all the documents that have been made available to the Interim Orders Committee under paragraph (1)(b).

Regulation 37(4), (5) and (6) applies to a review hearing as it applies to an initial hearing.

Subject to section 64 of the Act, an order mentioned in section 61 of the Act may, with the prior written consent of the registered allied health professional, be reviewed without convening a hearing.

Subject to paragraph (2), regulations 5, 7, 8, 9 and 20 apply, with the necessary modifications, in relation to an Interim Orders Committee as they apply in relation to a Disciplinary Tribunal.

For the purposes of paragraph (1) —

An Interim Orders Committee must give its decision and brief reasons for the decision orally at the end of a hearing or, where an order mentioned in section 61 of the Act has been reviewed without convening a hearing pursuant to regulation 38(4), at the conclusion of the review by the Interim Orders Committee.

The Interim Orders Committee must notify the registered allied health professional of his or her right to apply to the General Division of the High Court under section 65(3) of the Act.

The proceedings of an Interim Orders Committee in relation to a matter are to proceed concurrently with any proceedings of a Complaints Committee, Disciplinary Tribunal or Health Committee in relation to that matter.

Any application to the General Division of the High Court under section 65 of the Act in relation to a matter is to proceed concurrently with any proceedings of a Complaints Committee, Disciplinary Tribunal or Health Committee in relation to that matter.

An application for the restoration of any name to a register under Part 5 of the Act must —

Without limiting paragraph (1)(c), the Council may require the applicant to furnish proof that he or she has adequate clinical knowledge and skills to practise as a registered allied health professional in his or her prescribed profession and for that purpose may require the applicant —

In addition to the requirements in paragraph (1), an application under section 56 of the Act (for the restoration of a name removed from a register pursuant to an order made by the Disciplinary Tribunal) must be accompanied by —

In addition to the requirements in paragraph (1), an application under section 59 of the Act (for the restoration of a name removed from a register on the recommendation of a Health Committee) must be supported by medical reports given by 2 registered medical practitioners certifying that the applicant is fit to practise.

The Council may, if it thinks fit in any case or class of cases, dispense with any requirement or requirements in paragraphs (1) and (2).

The Council may, if it thinks fit, require further evidence or information from an applicant under this regulation.

In paragraph (3)(b), “related person” means the applicant’s spouse, parent, sibling or child.

On receipt of an application mentioned in regulation 42, the Registrar must refer it to the Council for consideration.

Except with the permission of the Council, the applicant must not appear before the Council on the consideration of the application.

The Council must consider the application in private and may, if it thinks fit, adjourn the consideration to a future date or require the applicant to be examined by a registered allied health professional in the same allied health profession as the applicant or a registered medical practitioner, or both, to be appointed by the Council.

If the Council directs the restoration of the applicant’s name to the register, the Registrar must send notice of the restoration to the authorities or persons (if any) to whom he or she has previously given notice of removal.

Where a legal assessor has been invited to be present at any proceedings before, or during any deliberations of, the Council, a Complaints Committee, a Disciplinary Tribunal, a Health Committee or an Interim Orders Committee (collectively or individually called in this regulation the Committee), he or she must —

Without limiting paragraph (1), the legal assessor must, in any proceedings before, or during any deliberations of, the Committee —

Subject to paragraph (4), where a legal assessor tenders any advice to the Committee in any proceedings before the Committee, the advice must be tendered in the presence of every party or representative of a party who is present at the proceedings.

Paragraph (3) does not apply if —

The fees specified in the Second Schedule are payable to the Council.

The Council may, subject to any conditions that it may direct, exempt any person or class of persons from all or any of the fees payable under these Regulations.

The Council may remit or refund, in whole or in part, any fee payable under these Regulations in any particular case or class of cases.