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Nursing Act, 2005 (Act No. 33 of 2005)

Chapter 1 : South African Nursing Council

15. Other committees

 

(1) The Council may from time to time establish such committees, including professional conduct committees and education committees, as it may think necessary to investigate and report to the Council on any matter falling within the scope of its functions.

 

(2) Each committee appointed in terms of subsection (1) consists of as many persons appointed by the Council as the Council may determine but must, except in the case of a disciplinary appeal committee referred to in subsection (4), include one member of the Council, who must be the chairperson of such committee.

 

(3)
(a) The Council may, subject to the provisions of subsection (4), delegate to any committee established in terms of subsection (1) or to any person such of its powers as it may determine.
(b) The Council is not divested of any power so delegated and may amend or set aside any decision of such committee made in the exercise of its delegated power.

 

(4) Despite subsection (1), the Council may establish an ad hoc disciplinary appeal committee consisting of—
(a) as chairperson, either a retired judge, retired senior magistrate or an attorney with at least 10 years’ experience; and
(b) not more than two registered persons who have professional qualifications that are the same as those of the person who is subject to the disciplinary proceedings.

 

(5) A disciplinary appeal committee referred to in subsection (4) has the power to vary, confirm or set aside a finding of a disciplinary committee established in terms of subsection (1) or to refer the matter back to the disciplinary committee with such instructions as it may consider fit.

 

(6) A decision of a disciplinary committee, unless appealed against, is binding from the date determined by that committee but if an appeal is lodged against a penalty of erasure or suspension from practice, such penalty remains effective until the appeal is finalised.

 

(7) Where a matter has been considered by a disciplinary appeal committee, its decision is binding from the date determined by the disciplinary appeal committee unless appealed against to the Council.