General Division

Health Practitioners Stream
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Conduct and evidence at Hearings

Conduct of Hearings

A person appearing before the Tribunal cannot refuse to answer a question on the grounds that it might incriminate them but if such a claim is made before answering a question that answer is not admissible in any criminal proceedings against that witness, save for those relating to the falsity of that answer (see section 46 of the Health Practitioners Tribunal Act 2010).

Evidence at a Hearing

The Tribunal must allow a party to proceeding a reasonable opportunity to call or give evidence, examine, cross-examine or re-examine witnesses and to make submissions to the Tribunal.

The Tribunal may refuse to allow a party to proceedings to call evidence on a matter if the Tribunal considers there is already sufficient evidence of that matter before the Tribunal.

Evidence may be given orally or in writing and if the Tribunal requires must be given by oath or by affidavit.

Section 43 of the Health Practitioners Tribunal Act 2010 - Evidence