HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 125 Changing or removing conditions or undertaking on application by registered health practitioner or student

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 125

125 Changing or removing conditions or undertaking on application by registered health practitioner or student

(1) A registered health practitioner or student may apply to a National Board established for the practitioner's or student's health profession--

(a) for a registered health practitioner--

(i) to change or remove a condition imposed on the practitioner's registration or endorsement; or

(ii) to change or revoke an undertaking given by the practitioner; or

(b) for a student--

(i) to change or remove a condition imposed on the student's registration; or

(ii) to change or revoke an undertaking given by the student to the Board.

(2) However, the registered health practitioner or student may not make an application--

(a) during a review period applying to the condition or undertaking, unless the practitioner or student reasonably believes there has been a material change in the practitioner's or student's circumstances; or

(b) for a condition imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.

(3) An application under subsection (1) must--

(a) be in the form approved by the National Board; and

(b) be accompanied by any other information reasonably required by the Board.

(4) For the purposes of deciding the application, the National Board may exercise a power under section 80 as if the application were an application for registration as a registered health practitioner.

(5) The National Board must decide to grant the application or refuse to grant the application.

(6) If the National Board's decision results in the registration or endorsement being subject to a condition, or an undertaking is still in place, the Board may decide a review period for the condition or undertaking.

(6A) As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of--

(a) the decision; and

(b) if the Board has decided a review period for a condition or undertaking--details of the review period.

(7) If the National Board decides to refuse to grant the application, the notice must state--

(a) the decision made by the Board; and

(b) that the registered health practitioner or student may appeal against the decision; and

(c) how an application for appeal may be made and the period within which the application must be made.