HEALTH SERVICES ACT 1997 - SECT 112 Determination of appeal

HEALTH SERVICES ACT 1997 - SECT 112

112 Determination of appeal

(cf PH Act s 33O)

(1) Subject to this Part and the regulations, a Committee must determine the appeal and may make such orders with respect to the matter being appealed as the Committee considers proper.

(1A) Following its determination of an appeal, if a Committee considers on reasonable grounds that--

(a) serious concerns exist in relation to the performance or competence of the appellant, or

(b) the appellant has engaged in conduct that may constitute professional misconduct or unsatisfactory professional conduct under the Health Practitioner Regulation National Law (NSW) , or

(c) the appellant may have an impairment under the Health Practitioner Regulation National Law (NSW) ,

the Chairperson of the Committee may refer the matter to the Medical Council of New South Wales (in the case of a medical practitioner) or the Dental Council of New South Wales (in the case of a dentist) to be dealt with as a complaint under Part 8 of the Health Practitioner Regulation National Law (NSW) .

(2) If a public health organisation refused to re-appoint the appellant because it had appointed persons to all its available relevant positions that it considered to be better applicants, the Committee cannot order the re-appointment of the appellant unless it specifies in the order which one of those other practitioners' appointments is to be made available to the appellant.

(3) The Chairperson of the Committee is to notify the Minister in writing of any order of the Committee made under this section.

(4) In this section--


"relevant position" means any position as a visiting practitioner of the public health organisation that is of the kind to which the appellant seeks re-appointment.