Allied Health Professions (Professional Conduct and Discipline) Regulations 2013 · 2024 Revised Edition · Part 2 · Professional Conduct and Discipline
21. Documents before Disciplinary Tribunal
Feedback & supportThe 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 —
the registered allied health professional consents; or
after consultation with the legal assessor, the Disciplinary Tribunal is satisfied that the reception of the written statement or reference material is desirable to enable the Disciplinary Tribunal to perform its duty or discharge its functions.
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 —
the Disciplinary Tribunal may request that the author or, in the case of reference material, an expert be called as a witness and adjourn the hearing for the purpose; and
on subsequently resuming the hearing, unless the author or expert (as the case may be) gives oral evidence, the Disciplinary Tribunal is entitled to disregard the written statement or reference material.
Subregulation 1
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 —
the registered allied health professional consents; or
after consultation with the legal assessor, the Disciplinary Tribunal is satisfied that the reception of the written statement or reference material is desirable to enable the Disciplinary Tribunal to perform its duty or discharge its functions.
Subregulation 2
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.
Subregulation 3
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 —
the Disciplinary Tribunal may request that the author or, in the case of reference material, an expert be called as a witness and adjourn the hearing for the purpose; and
on subsequently resuming the hearing, unless the author or expert (as the case may be) gives oral evidence, the Disciplinary Tribunal is entitled to disregard the written statement or reference material.