Document ID: chunk:federal_register_of_legislation:F2013L00269:body:0:p7
Version: federal_register_of_legislation:F2013L00269
Segment Type: other
Provision Reference: 
Character Range: 15327–18054

to the Panel; or
         (d) a person giving evidence before the Panel; or
         (e) a person appointed under subrule 8.5.

9.5 An appeal hearing under these Rules is not ineffective by reason only of a formal defect or irregularity in the convening or conduct of the Medical Appeals Panel.

9.6 If the appellant fails to co-operate reasonably with the Medical Appeals Panel, refuses to provide information, including medical reports, requested by the Panel or fails to attend an examination required under paragraph 9.3(d), the Panel may proceed to a determination of the appeal, which may contain adverse conclusions arising from the person's lack of cooperation or assistance.

10 Appellant's rights on appeal

10.1 At the hearing of an appeal before the Medical Appeals Panel, an appellant may:
         (a) appear in person;
         (b) make oral or written statements; and
         (c) with the leave of the Panel, call witnesses (providing that the Panel is satisfied that any witness so called will not be subjected to harassment in the giving of his or her evidence).

10.2 Not less than 7 days before the day on which the appeal is to be heard, the Medical Appeals Panel must provide the appellant with copies of any material in existence at that time and upon which the Medical Appeals Panel may rely.

10.3 However, if the Medical Appeals Panel has reasonable grounds for believing, on information available to the Panel at the time of providing the material referred to in subrule 10.2, that the health of the person about whom the report was made may be adversely affected by provision of the material, the Medical Appeals Panel or the Registrar may take and follow advice, including medical advice, on the most appropriate method of making that material available to the appellant.

[Note: It is intended that, in the circumstances described in subrule 10.3, it may be appropriate that a counsellor or a person with medical qualifications be present when the material is provided to the appellant with a view to assisting the appellant.]

10.4 At the hearing of an appeal, the appellant is entitled to be accompanied by a person nominated by the appellant, being a person who may provide support or otherwise assist the person to respond to matters raised by the Medical Appeals Panel.

10.5 A support person nominated under subrule 10.4 may advise the appellant in relation to the appeal, may address the Medical Appeals Panel and call witnesses on behalf of the appellant (providing that the Panel is satisfied that any witness so called will not be subjected to harassment in the giving of his or her evidence).

10.6 On application being made in writing to the Vice-Chancellor by a student who