New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992 - SECT 71A

71A Reportable misconduct

(1) A registered medical practitioner commits "reportable misconduct" in the following circumstances:

(a) if he or she practises medicine while intoxicated by drugs (whether lawfully or unlawfully administered) or alcohol,

(b) if he or she practises medicine in a manner that constitutes a flagrant departure from accepted standards of professional practice or competence and risks harm to some other person,

(c) if he or she engages in sexual misconduct in connection with the practice of medicine.

(2) A registered medical practitioner who believes, or ought reasonably to believe, that some other registered medical practitioner has committed reportable misconduct must, as soon as practicable, report the conduct to the Board.

Note: Pursuant to sections 36 (1) (b) and 37, failure to comply with this section will constitute either unsatisfactory professional conduct or professional misconduct.

(3) A report under this section:

(a) is to be made and dealt with in the same way as a complaint, and

(b) is taken to be a complaint, both for the purposes of this Part and for the purposes of sections 96 and 98 of the Health Care Complaints Act 1993 .