HEALTH SERVICES ACT 1997 - SECT 108 Constitution of Committee of Review

HEALTH SERVICES ACT 1997 - SECT 108

108 Constitution of Committee of Review

(cf PH Act s 33K)

(1) On receipt of a notice under section 107, the Minister must appoint a Committee of Review to determine the appeal.

(2) A Committee of Review is to be constituted by--

(a) an Australian lawyer of at least 7 years standing (who is also to be appointed as the Chairperson of the Committee), and

(b) if the appellant is a medical practitioner--1 person nominated by the Association who is a medical practitioner, and

(c) if the appellant is a dentist--1 person nominated by the Australian Dental Association, New South Wales Branch who is a dentist, and

(c1) a person appointed by the Minister who--

(i) in the Minister's opinion, is conversant with the interests of patients as consumers of health services provided by the public health system, and

(ii) is not, and has never been, a medical practitioner or a dentist, and

(d) 1 other person appointed in accordance with subsection (4).

(3) A person must not be appointed under subsection (2)(b) or (c) unless the Minister is satisfied that the person nominated is sufficiently experienced in the administration of health services within the public health system to warrant being appointed.

(4) A person may be appointed under subsection (2)(d) only if--

(a) the Minister is satisfied that the person appointed is sufficiently experienced in the administration of health services within the public health system to warrant being appointed, and

(b) if the decision being appealed relates to a lack of professional standards or competence--the person appointed is a medical practitioner (if the appellant is a medical practitioner) or a dentist (if the appellant is a dentist).

(5) If the Association or the Australian Dental Association, New South Wales Branch fails to nominate a person for appointment to the Committee within such time as may be notified by the Minister, the Minister may nominate a person who is eligible to be nominated by either Association under subsection (2).

(6) A decision of the Minister as to whether a Committee should be constituted as provided by subsection (4) is final.