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s 9

Participation of assessors on Tribunal

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Part 3Tribunal proceedings and powers

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.

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