106Notice to be given to registered disability worker or disability student

106 Notice to be given to registered disability worker or disability student

(1) A panel must give notice of its hearing of a matter to the registered disability worker or disability student who is the subject of the hearing.

(2) The notice must state the following—

(a) the day, time and place at which the hearing is to be held;

(b) the nature of the hearing and the matters to be considered at the hearing;

(c) that the registered disability worker or disability student is required to attend the hearing;

(d) that the registered disability worker or disability student may be accompanied by an Australian legal practitioner or another person;

(e) that if an Australian legal practitioner or other person accompanies the registered disability worker or disability student, the Australian legal practitioner or other person may appear on behalf of the registered disability worker or disability student, with the leave of the panel;

(f) that if the registered disability worker or disability student fails to attend the hearing, the hearing may continue and the panel may make a decision in the absence of the registered disability worker or disability student;

(g) the types of decision which the panel may make at the end of the hearing.

(3) For a health panel, the panel—

(a) may decide that the hearing be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and

(b) if the hearing is to be decided entirely on the basis of documents, must give written notice of the decision to the registered disability worker or disability student who is the subject of the hearing.

(4) Within 14 days after receiving the notice under subsection (3)(b), the registered disability worker or disability student may give a written notice to the health panel—

(a) requesting a hearing; and

(b) undertaking to be available to attend the hearing within 28 days after giving the notice.

(5) If the registered disability worker or disability student gives a notice under subsection (4), the health panel must give the registered disability worker or disability student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the disability worker's or disability student's notice was given.

(6) Subsection (1) does not apply if—

(a) the health panel makes a decision under subsection (3); and

(b) the registered disability worker or disability student does not give notice under subsection (4).