deputy chairperson. The Board then appoints three persons to sit on the tribunal with the chairperson. Two of the persons must either be a nurse or a midwife. Generally the board will select persons who are peers of the relevant person. The other person on the tribunal must be a lay person (i.e. a person who is not a nurse or midwife). This latter person is selected from a panel established by the Minister for Health. The four persons together constitute the tribunal. Current members The inaugural chairperson was Irving Wallach (1992–2005). The immediate past chairperson was Nick O'Neill. The deputy chairpersons were Tom Kelly and Joanne Muller. At the hearing The members of the tribunal are required to conduct an inquiry to any complaint, matter, application or appeal referred to the tribunal. The chairperson or deputy chairperson must decide when the inquiry is to be heard and must give at least seven days notice to the nurse or midwife the subject of the inquiry. The chairperson must also give notice to any person who made the complaint, and the heads of the Department of Health, the Health Care Complaints Commission, and the Nurses and Midwives Board. Both the person who made the complaint, and the nurse or midwife concerned, are entitled to be legally represented if they wish so. Any inquiry is open to the public, so members of the public or the press are able to observe the proceedings. The tribunal may conduct the inquiry in private if necessary. The tribunal has a range of powers to suppress the publication of information given at the inquiry. For example, the tribunal may prohibit the publication of the names of the witnesses, the complainant or the nurse or midwife concerned. Where a person or organisation breaches this requirement, the person or organisation may be prosecuted for a criminal offence. The chairperson or deputy chairman decides all questions of law or matters of legal principle. Their decision is final on the point. In matters of fact or evidence, three of the four members must agree. If the decision is split two-two, then the chairperson or deputy chairperson has the casting vote. Generally the rules of evidence (which the limit the type of evidence which a court can recognise) do not need to be observed in the tribunal. Witnesses are called, and their testimony is given on oath in the same way