New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992 - SECT 63

63 Committee can recommend suspension or deregistration on grounds of lack of physical or mental capacity

(1) A Committee may recommend that a person be suspended from practising medicine for a specified period or that a person be deregistered if the Committee is satisfied (when it finds on a complaint about the person) that the person does not have sufficient physical and mental capacity to practise medicine.

(1A) If the person is not registered, a recommendation can be made under this section that the person not be re-registered.

(2) The Committee makes its recommendation by referring the matter with its recommendation to the Chairperson of the Tribunal or to a Deputy Chairperson nominated by the Chairperson.

(3) The Chairperson or Deputy Chairperson may then make an order in the terms recommended or may make such other order as to the suspension or registration of the person as the Chairperson or Deputy Chairperson thinks proper based on the findings of the Committee.

(4) An order that a person be deregistered is an order that the person’s name be removed from the Register or (if the person has already ceased to be registered) that the person not be re-registered.

(5) An order may also provide that an application for review of the order under Division 3 of Part 6 may not be made until after a specified time.

(6) Instead of making an order under this section, the Chairperson or Deputy Chairperson may exercise any power or combination of powers of a Committee under this Division.