QLDIn ForceAct
Health Practitioner Regulation National Law Act 2009
sec.184Notice to be given to registered health practitioner or student
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### sec.184 Notice to be given to registered health practitioner or student
A panel must give notice of its hearing of a matter to the registered health practitioner or student the subject of the hearing.
The notice must state—
the day, time and place at which the hearing is to be held; and
the nature of the hearing and the matters to be considered at the hearing; and
that the registered health practitioner or student is required to attend the hearing; and
that the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and
that if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a decision, in the practitioner’s or student’s absence; and
the types of decision the panel may make at the end of the hearing.
For a panel established under section 181 (1A) , the panel—
may decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and
if the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.
The health practitioner or student may within 14 days after receiving the notice under subsection (3) (b) give a written notice to the panel—
requesting a hearing; and
undertaking to be available to attend the hearing within 28 days after giving the notice.
If the health practitioner or student gives a notice under subsection (4) , the panel must give the health practitioner or student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the practitioner’s or student’s notice was given.
Subsection (1) does not apply if—
the panel makes a decision under subsection (3) ; and
the health practitioner or student does not give notice under subsection (4) .
sch s 184 amd 2017 No. 32 s 32
(sec.184-ssec.1) A panel must give notice of its hearing of a matter to the registered health practitioner or student the subject of the hearing.
(sec.184-ssec.2) The notice must state— the day, time and place at which the hearing is to be held; and the nature of the hearing and the matters to be considered at the hearing; and that the registered health practitioner or student is required to attend the hearing; and that the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and that if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a decision, in the practitioner’s or student’s absence; and the types of decision the panel may make at the end of the hearing.
(sec.184-ssec.3) For a panel established under section 181 (1A) , the panel— may decide the hearing may be decided entirely on the basis of documents, without parties, their representatives or witnesses appearing at the hearing; and if the hearing is to be decided entirely on the basis of documents—must give written notice of the decision to the registered health practitioner or student the subject of the hearing.
(sec.184-ssec.4) The health practitioner or student may within 14 days after receiving the notice under subsection (3) (b) give a written notice to the panel— requesting a hearing; and undertaking to be available to attend the hearing within 28 days after giving the notice.
(sec.184-ssec.5) If the health practitioner or student gives a notice under subsection (4) , the panel must give the health practitioner or student notice under subsection (1) stating a day for the hearing that is not more than 28 days after the practitioner’s or student’s notice was given.
(sec.184-ssec.6) Subsection (1) does not apply if— the panel makes a decision under subsection (3) ; and the health practitioner or student does not give notice under subsection (4) .
- (a) the day, time and place at which the hearing is to be held; and
- (b) the nature of the hearing and the matters to be considered at the hearing; and
- (c) that the registered health practitioner or student is required to attend the hearing; and
- (d) that the registered health practitioner may be accompanied at the hearing by an Australian legal practitioner or other person; and
- (e) that if the registered health practitioner or student fails to attend the hearing the hearing may continue, and the panel may make a decision, in the practitioner’s or student’s absence; and
- (f) the types of decision the panel may make at the end of the hearing.
- (a) may decide the hearing may 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 health practitioner or student the subject of the hearing.
- (a) requesting a hearing; and
- (b) undertaking to be available to attend the hearing within 28 days after giving the notice.
- (a) the panel makes a decision under subsection (3) ; and
- (b) the health practitioner or student does not give notice under subsection (4) .