Page 2283 - Week 07 - Thursday, 23 June 2005

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(b) if the member is not a magistrate—whether the member is appointed as a full-time or part-time member.

41CRole of president of tribunal

(1) The health professions tribunal president is responsible for ensuring the orderly and prompt discharge of the tribunal’s business.

(2) Without limiting subsection (1), the president may give directions about the presidential member who is to be the presidential member of a particular health professions tribunal panel.

41DPresiding member

The presidential member must preside at a proceeding.

41EEnding of appointment of presidential members

(1) The Executive may end the appointment of a presidential member of the health professions tribunal who is not a magistrate—

(a) for misbehaviour; or

(b) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member’s functions; or

(c) if the member becomes bankrupt or executes a personal insolvency agreement.

(2) The Executive must end the appointment of—

(d) a presidential member of the health professions tribunal who is a magistrate if the member stops being a magistrate; or

(e) a deputy president of the tribunal who is not a magistrate if—

(i) the member stops being eligible for appointment; or

(ii) the member is convicted, in the ACT, of an offence punishable by imprisonment for at least 1 year; or

(iii) the member is convicted outside the ACT, in Australia or elsewhere, of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.

[1.7B]Section 42 (1)

omit

formed by the health professions tribunal president

substitute

made up of a presidential member of the tribunal

[1.7C]Section 43 (2) and (5)

omit

The health professions tribunal president

substitute


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