HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 150FA
Critical impairment conditions [NSW[#93]
HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 150FA
Critical impairment conditions [NSW[#93]
150FA Critical impairment conditions [NSW[#93]
(1) This section applies if a
Council imposes or alters a condition under this Law on the registration of a
health practitioner because of the impairment of the practitioner.
Note : In
relation to the alteration of conditions--see, for example, section 152K.
(2)
The Council may order that a contravention of a condition on the registration
of a health practitioner that it imposes or alters because of the impairment
of the practitioner will result in the contravention being referred to the
Commission to be dealt with as a complaint against the practitioner. Any such
condition is then a
"critical impairment condition" .
(3) If a Council for a health profession is
satisfied a health practitioner registered in the profession has contravened a
critical impairment condition--
(a) the Council must refer the matter to the
Commission; and
(b) the matter may be dealt with by the Commission as a
complaint made to the Commission against the practitioner.
(4) If the
Commission decides to deal with the matter as a complaint, the Commission must
investigate the complaint or cause it to be investigated and, as soon as
practicable after the investigation is completed, consult with the Council
about how the matter is to be dealt with, including, for example, by referring
the complaint to the Tribunal or a Committee for the health profession in
which the health practitioner is registered.
Note : See section 145D which
provides that both a Council and the Commission have a duty to refer a
complaint to the Tribunal if, at any time, either of them is of the opinion
the complaint, if substantiated, would provide grounds for the suspension or
cancellation of the health practitioner's or student's registration.
(5) This
section has effect despite anything to the contrary in this Law.
