New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997 - SECT 117

117 Duty to report certain criminal conduct and disciplinary matters

(1) A member of staff who is charged with having committed, or is convicted of, a serious sex or violence offence must, within 7 days of the charge being laid or conviction, report that fact in writing to the chief executive of the relevant organisation.

Note: The term "serious sex or violence offence" is defined in the Dictionary to mean an offence involving sexual activity, acts of indecency, physical violence or the threat of physical violence that:

(a) if committed in New South Wales, is punishable by imprisonment for 12 months or more, or

(b) if committed elsewhere than in New South Wales, would have been an offence punishable by imprisonment for 12 months or more if committed in New South Wales.

(2) A member of staff who has a misconduct finding made against him or her under the Health Practitioner Regulation National Law (NSW) must, within 7 days of receiving notice of the finding:

(a) report that fact to the chief executive of the relevant organisation, and

(b) provide the chief executive with a copy of that finding.

(3) In this section:
"chief executive of the relevant organisation", in relation to a member of staff, means the chief executive of the public health organisation to which the member of staff has been assigned.
"misconduct finding" includes a finding of professional misconduct or unsatisfactory professional conduct.

Note: Section 142 of the Health Practitioner Regulation National Law imposes obligations on employers to notify the Australian Health Practitioner Regulation Agency of misconduct by health practitioners.