Part 3Tribunal proceedings and powers

Part 3—Tribunal proceedings and powers 8—Interpretation relevant authority means— (a) a member of the Tribunal; or (b) the Registrar of the Tribunal; or (c) any other officer authorised under section 40(5)(c) of the South Australian Civil and Administrative Tribunal Act 2013 to issue summonses. 9—Participation of assessors on Tribunal (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be— (a) a panel of assessors consisting of persons from the health professions under the Health Practitioner Regulation National Law; and (b) a panel of assessors consisting of persons who are not members of the health professions under the Health Practitioner Regulation National Law and who are qualified, by reason of their knowledge, expertise and experience, to represent the interests of a broad range of consumers of health services. (2) In exercising its powers for the purposes of this Act, the Tribunal will, if the President of the Tribunal so determines, be constituted by 3 members of whom— (a) 2 will be selected from the panel of assessors constituted under subsection (1)(a); or (b) — (i) 1 will be selected from the panel of assessors constituted under subsection (1)(a); and (ii) 1 will be selected from the panel of assessors constituted under subsection (1)(b). (3) In selecting members from the panel constituted under subsection (1)(a), the President must select 1 person who is a member of the same health profession under the Health Practitioner Regulation National Law as the person in relation to whom the relevant matter relates. (4) For the purposes of proceedings before the Tribunal under this Act, the person presiding over the proceedings may, sitting alone— (a) deal with— (i) preliminary, interlocutory or procedural matters; or (ii) questions of costs; or (iii) questions of law; or (b) enter consent orders; or (c) perform any other function or exercise any other power of a prescribed kind, and may, for that purpose or as a consequence, while sitting alone, make any determination or order (including a final order) that the member considers appropriate. 10—Interim power to suspend or impose conditions (1) The Tribunal may, in connection with proceedings before the Tribunal under this Act, if of the opinion that it is desirable to do so in the public interest, and in accordance with any process or procedure determined by the Tribunal— (a) suspend the registration of the person the subject of the proceedings; or (b) impose conditions on the person's registration restricting the person's right to provide health services, pending hearing and determination of the proceedings. (2) A suspension or condition imposed under subsection (1)— (a) will have effect for a period, not exceeding 30 days, determined by the Tribunal; and (b) may be extended from time to time for a further period or periods, not exceeding 30 days, determined by the Tribunal. (3) In addition, if a National Board, or a panel of a National Board, has exercised its power to suspend the registration of the person the subject of the proceedings or imposed conditions on the person's registration, the Tribunal may revoke or vary the suspension or conditions so imposed. (4) Without limiting any other provision or any other law, the person the subject of the proceedings and the relevant National Board are entitled to appear and make submissions at any proceedings under subsection (1) or (2)(b). 11—Tribunal proceedings (1) Without limiting any other provision or any other Act or law, the Tribunal may adopt procedures under which a member of the Tribunal participates in the proceedings of the Tribunal by means of an audio visual link or an audio link. (2) In the course of any proceedings, the Tribunal may— (a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or of any other State or a Territory of Australia, of the Commonwealth or of another country, and draw any conclusions of fact from the evidence that it considers proper; and (b) adopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings. 12—Failure to comply with a summons (1) In connection with the issuing of a summons under section 40 of the South Australian Civil and Administrative Tribunal Act 2013, if a person summoned by the Tribunal for the purposes of proceedings under this Act— (a) fails to produce evidentiary material as required by the summons; or (b) fails to appear before the Tribunal as required by the summons; or (c) having appeared, refuses to be sworn or to affirm, or to answer a relevant question when required to do so by the Tribunal, a certificate of the failure or refusal, signed by the relevant authority, may be filed in the Supreme Court. (2) If a certificate has been filed under subsection (1), a party or, in the case of a summons issued by the Tribunal on its own initiative, the Registrar of the Tribunal, may apply to the Supreme Court for an order directing the person summoned by the Tribunal— (a) to produce the evidentiary material; or (b) to appear, or be sworn or affirm, or answer questions, before the Tribunal, (as the case may require) and on that application the Court may make such orders as it thinks fit (including orders for costs). (3) The Supreme Court may require that notice be given of an application under subsection (2) to the person against whom the order is sought or any other person (but an order may be made, if the Court thinks fit, although no notice has been given of the application). 13—Request to submit to medical examination at request of another party (1) A party whose medical condition is in issue in proceedings before the Tribunal must, at the request of another party to the proceedings, submit to a medical examination, at the cost of the party making the request, by a medical expert nominated by that party. (2) If a party has been requested to submit to a medical examination after the proceedings have been referred to the substantive hearing, the party is not required to comply with the request unless the Tribunal authorises the request. (3) A party who requests another to submit to a medical examination must, at the request of that other party, pay to the other party a reasonable sum to cover the cost of travelling expenses and loss of earnings from attendance at the medical examination. (4) A medical practitioner who carries out a medical examination at the request of a party must prepare a written report setting out the results of the examination. (5) A party who requests another party to submit to a medical examination under this section must give the other parties to the action a copy of the report obtained on the examination. (6) If the party undergoing the examination does not receive a copy of the medical expert's report for the examination within 14 calendar days after the date of the examination, that party may ask the medical practitioner for a copy of the report. 14—Non-compliance with request to submit to medical examination (1) If a party fails to comply with a request to submit to a medical examination under section 13, the party that requested the examination may make an application to the Tribunal seeking an order— (a) confirming that the relevant party's medical condition is in issue in the proceedings; and (b) that the party whose medical condition is in issue must submit to a medical examination. (2) If the Tribunal makes an order under subsection (1)(b) that a party must submit to a medical examination and the party does not comply with the order, a certificate of the non‑compliance, signed by the relevant authority, may be filed in the Supreme Court. (3) If a certificate has been filed under subsection (2), a party may apply to the Supreme Court for an order directing the other party to comply with the Tribunal's order that the party must submit to a medical examination and on that application the Court may stay the proceedings before the Tribunal until the relevant party complies with the requirement. 15—Fine recovery A fine payable to a National Board under Part 8 Division 12 of the Health Practitioner Regulation National Law (South Australia) may be recovered as a debt due to that National Board.