"complainant" includes a person acting as a nominal complainant in accordance
with this Law.
"conduct" means any act or omission.
"confidential information" has the meaning given by section 139A.
"confidential information notice" means a notice that--
(a) indicates that--
(i) confidential information is not included in a statement required to be
given to a person under this Law; or
(ii) a statement required to be given to
a person under this Law will not be provided; and
(b) gives the reason the
confidential information is not included or the statement will not be
provided.
"Council" means a Council established under section 41B.
"court" includes a tribunal, authority or person having power to require the
production of documents or the answering of questions but does not include--
(a) the Tribunal; or
(b) a Council; or
(c) a Performance Review Panel; or
(d) a Professional Standards Committee.
"criminal finding" means--
(a) a finding that an offence has been proved
without proceeding to a conviction; or
(b) a finding that an offence has been
proved and the discharging of, or the making of an order releasing, the
offender conditionally on entering into a good behaviour bond for a specified
period or on other conditions decided by the court.
"critical compliance order or condition" means an order or condition of a
registered health practitioner's or student's registration that is a critical
compliance order or condition under section 146B, 149A or 163B.
"Impaired Registrants Panel" means an Impaired Registrants Panel established
under section 173.
"Minister" means--
(a) the Minister administering this Law; or
(b) if
different Ministers are administering the Law in different respects or
different portions of the Law, the Minister administering the Law in the
relevant respect or administering the relevant portion of the Law.
"overservicing" , by a registered health practitioner, means the practitioner,
in the course of practising the practitioner's profession--
(a) provides a
service in circumstances in which provision of the service is unnecessary, not
reasonably required or excessive; or
(b) engages in conduct prescribed by the
NSW regulations as constituting overservicing.
"performance assessment" means an assessment of a registered health
practitioner's professional performance conducted by an assessor under
Subdivision 3 of Division 5 of Part 8.
"performance review" means a review of a registered health practitioner's
professional performance conducted by a Performance Review Panel under
Subdivision 4 of Division 5 of Part 8.
"Performance Review Panel" means a Performance Review Panel established under
section 174.
"pharmacist" means a person registered under this Law in the pharmacy
profession.
"President" means the President of a Council.
"professional misconduct" has the meaning given by section 139E.
"Professional Standards Committee" means a Professional Standards Committee
established under section 169.
"protected report" means any of the following reports--
(a) a report prepared
by an Impaired Registrants Panel for a Council;
(b) a report prepared by an
assessor for a Council or Performance Review Panel;
(c) a report prepared by
a registered health practitioner about an examination conducted under
section 145E, 152B or 152C;
(d) a report prepared by a registered health
practitioner for a Council in connection with an examination of a person by
the health practitioner as required by a condition of registration or an order
imposed by an adjudication body on the person;
(e) a report prepared by a
registered health practitioner for a Council under a request made by a person
to the health practitioner in connection with a matter being dealt with by an
Impaired Registrants Panel;
(f) a report prepared, under clause 12 of
Schedule 5B, by a person giving expert advice to a Performance Review Panel.
"Secretary" means the Secretary of the Ministry of Health.
"sex or violence offence" means an offence involving any of the following,
other than an offence prescribed by the NSW regulations--
(a) sexual activity;
(b) sexual touching or sexual acts within the meaning of Division 10 of Part 3
of the Crimes Act 1900 ;
(c) child pornography or child abuse material
(within the meaning of the Crimes Act 1900 );
(d) physical violence or the
threat of physical violence.
"Tribunal" means the Civil and Administrative Tribunal.
"Tribunal List Manager" means the List Manager of the Health Practitioner List
of the Occupational Division of the Tribunal.
"unsatisfactory professional conduct" has the meaning given by sections 139B-
139D.
(2) A term defined in subsection (1) for this Part and also used in
another NSW provision has the same meaning in the other NSW provision as it
has in this Part.
