(Cap. 2271
Powers of
The Board
with regard
to obtaining evidence and the conduci
of pro- ecedings.
(iv) postpone judgment on the case for any period not exceeding
two years.
and may, in any event, make such order as the Board thinks fit with regard to the payment of costs of the secretary or of any complainant or of such registered nurse.
(2) Any costs awarded in pursuance of subsection (1) may be recovered as a civil debt in accordance with sections 65 and 66 of the Magistrates Ordinance,
(3) For the purposes of section 9 and this section. “unprofessional conduct" means an act or omission by a registered nurse which could be reasonably regarded as disgraceful or dishonourable by registered nurses of good repute and competency.
(4) Nothing in this section shall be construed to require the Board to inquire into the question whether a registered nurse was properly convicted but the Board may consider any record of the case in which such conviction was recorded and any other evidence which may be available and is relevant as showing the nature and gravity of the offence.
(5) In any inquiry under this section as to whether a nurse bas been guilty of unprofessional conduct, any finding of fact which is shown to have been made in any matrimonial proceedings in a Court of the Commonwealth having unlimited jurisdiction in civil matters, or on appeal from a decision in such proceedings, shall be conclusive evidence of the fact found.
(6) Within thirty days after the expiration of the time within which an appeal against an order made by the Board may be made to the Full Court in accordance with the provisions of section 16, or if such an appeal has been made, within thirty days after the decision of the Full Court affirming or varying such order, the Bourd shall cause the order or the order as so varied, as the case may be, to be published in the Gazette, and may cause an account of the proceedings at the inquiry at which such order was made to be so published together with sufficient particulars to acquaint the public with the nature of the offence to which the order relates.
12. (1) For the purpose of any inquiry under section 9 or 11, the Board shall have the following powers-
(a) to take evidence and examine witnesses on oath;
(b) to summon any person to attend the inquiry to give evidence or to produce any document or other thing in his possession or under his control and to examine him as a witness or to require him to produce any document or other thing in his possession or under his control;
9
(c) to admit or exclude the public or any member of the public
from the inquiry:
(d) to admit or exclude the press from the inquiry; and
(e) to award any person summoned to attend the inquiry such sum or sums as in the opinion of the Board may have been reasonably expended by him by reason of his attendance. (2) Summonses as to witnesses may be in such form as may be prescribed and shall be signed by the secretary.
13. Any person who, being summoned to attend as a witness of Penalty for to produce any document or other thing at any inquiry held in failure to accordance with the provisions of section II, refuses or neglects to do give evidence. so or to answer any question put to him by or with the leave of the Board shall be guilty of an offence and liable on summary conviction to a fine of one thousand dollars and to imprisonment for three months:
Provided that no person shall be required to answer any question, or to produce any document or other thing which, in the opinion of the Board, may tend to incriminate himself; and every witness shall. in respect of any evidence given by him before the Board, be entitled to the same privileges to which he would be entitled if he were giving evidence before a court of justice.
14. The complainant in any inquiry held in accordance with the Representa- provisions of section 11 and the nurse whose conduct is the subject of tion of such inquiry shall be entitled to be represented by counsel or solicitor Partics at
disciplinary or by a friend throughout the inquiry.
inquiries.
The Board.
15. (1) The secretary shall cause a copy of any order made Provisions under subsection (1) of section 11 or of any order refusing registration relating to made under subsection (2) of section 9 to be served, as soon as may be orders of after the making of the order, upon the nurse concerned either personally or by registered post addressed to him at the last address known to the secretary.
(2) The secretary shall not remove the name of any nurse from the register or any part thereof, before the expiration of thirty days after the service upon such nurse of the copy of the order referred to in subsection (1), or, in the case of an appeal against such order, until after the determination of such appeal.
(3) Any nurse whose name is removed from the register, or from any part thereof, in accordance with the provisions of this Ordinance,
or whose name, prior to the commencement of this Ordinance, was go removed in accordance with the provisions of the Nurses Registration (Cap. (64), Ordinance repealed by this Ordinance from the register or from any part thereof, maintained in accordance with the provisions of that
No comments yet.
Private notes are available after approval.