HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 145D
Serious complaints must be referred to Tribunal [NSW[#93]
HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 145D
Serious complaints must be referred to Tribunal [NSW[#93]
145D Serious complaints must be referred to Tribunal [NSW[#93]
(1) Both a
Council for a health profession and the Commission are under a duty to refer a
complaint to the Tribunal if, at any time, either forms the opinion that it
may, if substantiated, provide grounds for the suspension or cancellation of a
registered health practitioner's or student's registration.
(2) However,
either the Council or the Commission may decide not to refer the complaint to
the Tribunal if of the opinion the allegations on which the complaint is
founded (and on which any other pending complaint against the registered
health practitioner or student is founded) relate solely or principally to--
(a) for a practitioner, the physical or mental capacity of the practitioner to
practise the practitioner's profession; or
(b) for a student, the physical or
mental capacity of the student to undertake clinical training in the health
profession in which the student is registered.
(3) If the Council decides not
to refer the complaint to the Tribunal, the Council must instead refer the
complaint to a Committee or Impaired Registrants Panel.
(4) If the Commission
decides not to refer the complaint to the Tribunal, the Commission must
instead refer the complaint to the Council.
(5) This section does not require
the Council or the Commission to refer a complaint the Council or Commission
thinks is frivolous or vexatious.
