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WA Representing Myself at Medical Board Hearing for Alleged University Misconduct

Discussion in 'Other/General Law Forum' started by self rep, 26 July 2015.

  1. self rep

    self rep Member

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    Prior to registering in my medical profession I have to partake in a hearing which will question whether or not I am of good fame and character after evidence has surfaced that I wasn't entirely forthcoming with the truth during an investigation into alleged academic misconduct while I was at university.
    I have been asked to have some evidence available and I am going to attempt to represent myself. Are there any tips or advice? Or anywhere I can find some good resources for representing yourself or even what goes on in hearings such as these, and what sort of rights I have in this position.
    Any help would be appreciated!
    Thank you
     
  2. @thelawbundle

    @thelawbundle Well-Known Member

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    Hi Self Rep,

    You've come to the right place. Lawyers have to satisfy a very similar test, and go through a very similar process.

    I see that you're in WA. Whilst I'm not familiar with that jurisdiction, I believe that the correct tribunal is the State Administrative Tribunal of WA (although you may have some preliminary hearings within the Medical Board first, I'm not sure of your profession).

    The best way to get a feel for these matters is to read some cases of people who have had to go through similar matters. This list contains a number of WA medical profession-related cases from the past 10 or so years: http://www.sat.justice.wa.gov.au/_f...disciplinary_penalties_database_2005-2014.pdf

    You should be able to locate your medical profession on that list. There may be a case listed under that profession which relates to being "not of a good character".

    You can then visit this website: http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/wa/WASAT/ - find the relevant year and case name and you'll be able to read through that case and get a feel for what types of things the tribunal takes into account, and the results that eventuate.

    If you need some free legal advice in WA to prepare for your hearing, these services can help: Where to Find Legal Advice and Assistance - The Law Society of Western Australia

    There will be a lot of academic misconduct cases involving admissions of lawyers and other professionals / Boards. You could type some key words into this website and read those decisions: BarNet Jade - Find recent Australian legal decisions, judgments, case summaries for legal professionals (Judgments And Decisions Enhanced)

    From my experience against self-reps, I would suggest that you need to keep it short and simple by:

    - knowing your key facts, clearly (as to why you should be allowed to enter the profession) - you can even prepare a "written submission" or statement and send it to the Board / tribunal beforehand. You can rely on it on the day - just don't read it verbatim;

    - knowing the case against you - and particularly why that means you're not fit and proper under the relevant legislation. Show contrition, but show the Tribunal / Board that you've made positive changes to avoid this issue re-occuring, because they will be worried about your impact on the integrity of the profession;

    - Supporting statements - get some statutory declarations from honest people in high-regarded positions who know you to be honest (and have done so for a long time, and are willing to testify for you if necessary) and use any materials which will show that you're of good character.

    Hope that this helps. Best of luck.

    Thanks.
     

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