Acts and Regulations

M-11.5 - Midwifery Act

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Open hearing
51(1)Subject to subsection (2), a hearing is open to the public.
51(2)The Discipline Committee may make an order that the public, in whole or in part, be excluded from a hearing or any part of it if the committee is satisfied that
(a) financial or personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public,
(b) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced, or
(c) the safety of a person may be jeopardized.
51(3)Where it thinks fit, the Discipline Committee may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.
51(4)No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.
51(5)The Discipline Committee may make an order that the public be excluded from the part of the hearing dealing with a motion of an order under subsection (2).
51(6)The Discipline Committee may make any order necessary to prevent the public disclosure of matters disclosed in the submission relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.
51(7)The Discipline Committee shall state, at the hearing, its reasons for any order made under this section and any such order and the reasons for it shall be made available to the public in writing.
51(8)Where the Discipline Committee makes an order under subsection (2), wholly or partly, because of the desirability of avoiding disclosure of matters in the interest of a person affected, the committee
(a) shall allow the parties, the complainant and their legal and personal representatives to attend the hearing, and
(b) may allow such other persons as the panel considers appropriate to attend the hearing.
Open hearing
51(1)Subject to subsection (2), a hearing is open to the public.
51(2)The Discipline Committee may make an order that the public, in whole or in part, be excluded from a hearing or any part of it if the committee is satisfied that
(a) financial or personal or other matters may be disclosed at the hearing of such a nature that the harm created by disclosure would outweigh the desirability of adhering to the principle that hearings be open to the public,
(b) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced, or
(c) the safety of a person may be jeopardized.
51(3)Where it thinks fit, the Discipline Committee may make orders it considers necessary to prevent the public disclosure of matters disclosed at a hearing, including orders prohibiting publication or broadcasting of those matters.
51(4)No order shall be made under subsection (3) that prevents the publication of anything that is contained in the register and available to the public.
51(5)The Discipline Committee may make an order that the public be excluded from the part of the hearing dealing with a motion of an order under subsection (2).
51(6)The Discipline Committee may make any order necessary to prevent the public disclosure of matters disclosed in the submission relating to any motion described in subsection (5), including prohibiting the publication or broadcasting of those matters.
51(7)The Discipline Committee shall state, at the hearing, its reasons for any order made under this section and any such order and the reasons for it shall be made available to the public in writing.
51(8)Where the Discipline Committee makes an order under subsection (2), wholly or partly, because of the desirability of avoiding disclosure of matters in the interest of a person affected, the committee
(a) shall allow the parties, the complainant and their legal and personal representatives to attend the hearing, and
(b) may allow such other persons as the panel considers appropriate to attend the hearing.