Document ID: chunk:federal_register_of_legislation:C2004A01067:clause:1_104
Version: federal_register_of_legislation:C2004A01067
Segment Type: clause
Provision Reference: sch 1 cl 104
Character Range: 26309–28634

104  Consequences of failing to appear, give evidence or answer a question when required

 (1) This section has effect if:
 (a) the notice under section 102 requires the person under review to appear at the hearing and give evidence to the Committee; and
 (b) the person under review:
 (i) fails to appear at the hearing; or
 (ii) appears at the hearing but refuses or fails to give evidence or to answer a question that the person is asked by a Committee member in the course of the hearing.

 (2) If the person under review is a practitioner, the Committee may notify the Director of the person's failure to appear at the hearing or refusal or failure to give the evidence or to answer the question.

 (3) The Committee may, in any case:
 (a) proceed with the hearing, despite section 103, even though the person under review fails to appear or appears but refuses or fails to give evidence or to answer a question; or
 (b) propose to hold another hearing in accordance with section 102.

 (4) If the person under review subsequently:
 (a) appears at a hearing; and
 (b) gives evidence as required; and
 (c) answers every question that the person is asked by a Committee member in the course of the hearing;
then:
 (d) paragraph (3)(a) ceases to apply; and
 (e) the Committee must inform the Director that the person has appeared and given evidence and answered questions (as required).

 (5) Subsection (2) and paragraph (3)(a) do not apply if:
 (a) before the hearing takes place, the person notifies the Committee that he or she has a medical condition preventing him or her from appearing or from giving evidence or answering questions; and
 (b) the person has complied with any reasonable requirements of the Committee that he or she undergo medical examination to establish the existence and extent of the medical condition; and
 (c) the results of the medical condition indicate that the person has a medical condition preventing him or her from appearing or from giving evidence or answering questions.

 (6) Subsection (2) and paragraphs (3)(b) and (4)(c) do not apply in relation to a question if:
 (a) the person under review refuses to answer the question on the ground that the answer to the question might tend to incriminate him or her; and
 (b) the Committee believes that the answer might tend to do so.