In New Caledonia and French Polynesia, the court of first instance of the Medical Council is constituted by a disciplinary chamber composed of full assessors and an equal number of alternates elected by the body of the Medical Council in New Caledonia or French Polynesia or, failing this, by the National Council.
The Disciplinary Chamber may only sit validly if all its members are present.
The disciplinary chamber of first instance is chaired by a serving or honorary member of the body of councillors of the administrative courts and administrative courts of appeal appointed by the vice-president of the Conseil d’Etat for a renewable term of six years. If necessary, one or more alternates are appointed under the same conditions.
The full and alternate members of the Disciplinary Board are elected for six years and may be re-elected every three years in two-member fractions. Retiring members may be re-elected.
Subject to the application of the provisions of article L. 4124-6 and any convictions by the courts responsible for disputes relating to the technical supervision of social security leading to permanent or partial disqualification from membership of an ordinal body, only doctors of French nationality who have been registered for at least three years with the New Caledonian or French Polynesian Medical Council may be elected.
No member of the Disciplinary Chamber of First Instance may sit if he or she has knowledge of the facts of the case due to the exercise of other functions within the Order.
A decree of the Conseil d’Etat shall determine the composition of the disciplinary chamber and the procedures for its election, as well as the rules of operation and procedure that it must comply with. Elections may be referred to the administrative court under conditions laid down by decree in the Conseil d’Etat.