New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992 - SECT 64

64 Tribunal can suspend or deregister in certain cases

(1) The Tribunal may by order suspend a person from practising medicine for a specified period or direct that a person be deregistered if the Tribunal is satisfied (when it finds on a complaint about the person):

(a) that the person is not competent to practise medicine, or

(b) that the person is guilty of professional misconduct, or

(c) that the person has been convicted of or made the subject of a criminal finding for an offence, either in or outside New South Wales, and the circumstances of the offence render the person unfit in the public interest to practise medicine, or

(d) that the person is not of good character.

(1A) The Tribunal must by order direct that a person be deregistered if the Tribunal is satisfied (when it finds on a complaint about the person) that the person has contravened an order or condition of the person’s registration that is a critical compliance order or condition under section 61.

(2) 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.

(2A) If the Tribunal makes an order under this section in respect of a person and it is satisfied that the person poses a substantial risk to the health of members of the public, it may by order (a "prohibition order") do any one or more of the following:

(a) prohibit the person from providing health services or specified health services for the period specified in the order or permanently,

(b) place such conditions as the Tribunal thinks appropriate on the provision of health services or specified health services by the person for the period specified in the order or permanently.

Note: Section 10AK (1) of the Public Health Act 1991 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.

(2B) If the Tribunal is aware that a person in respect of whom it is proposing to make a prohibition order is registered under a health registration Act other than this Act, the Tribunal is, before making the prohibition order, to notify the board constituted under that other Act of the proposed order and give that board an opportunity to make a submission.

(3) 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.