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s 57

Provisions as to proceedings before Authority

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Part 4Pharmacy practice
Division 6Disciplinary proceedings

57 Provisions as to proceedings before Authority

(1)

Subject to this Act, the Authority must give to all of the parties to proceedings before the Authority under this Division at least 14 days written notice of the time and place at which it intends to conduct the proceedings, and must afford to the parties a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Authority.

(2)

However—

(a)

the

Authority may, if it thinks special reasons exist for doing so, give a lesser period of written notice under subsection (1);

and

(b)

the

Authority may, if of the opinion that it is desirable to do so in the public interest—

(i)

suspend the registration of the person the subject of the proceedings; or

(ii)

impose conditions on the person's registration restricting the person's right to provide pharmacy services, pending hearing and determination of the proceedings.

(3)

The requirement to give written notice under subsection (1) does not extend to adjournments.

(4)

If a party to whom notice has been given under subsection (1) does not attend at the time and place fixed by the notice, the

Authority may proceed to hear and determine the matter in the absence of that party.

(5)

A person who is aggrieved by conduct that is the subject-matter of proceedings before the Authority under this Division is, subject to any direction of the Authority to the contrary, entitled to be present at the hearing of the proceedings.

(6)

In the course of proceedings before the Authority under this Division, the Authority 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;

(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.

(7)

The

Authority should conduct proceedings under this Division as expeditiously as possible.

(8)

If the Authority takes action under subsection (2)(b) in relation to a pharmacist registered under the Health

Practitioner Regulation National Law, the General Manager must give written notice of the action that has been taken to the National Board established for pharmacy.

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