New South Wales Consolidated Acts

OPTICAL DISPENSERS ACT 1963 - SECT 25

25 Proceedings before board against optical dispenser

(1) Where:

(a) an optical dispenser has been convicted, either in New South Wales of an indictable offence, or elsewhere of an offence which, if committed in New South Wales, would have been an indictable offence, or

(b) the board after inquiry is satisfied that an optical dispenser:

(i) has been guilty of habitual drunkenness or of addiction to any deleterious drug, or

(ii) has been guilty of misconduct in the optical dispenser’s practice as an optical dispenser which renders the optical dispenser unfit in the public interest to practise optical dispensing,

the board may reprimand or caution such person or may remove the optical dispenser’s name from the register or suspend the optical dispenser’s licence for such period as the board shall think fit.

(2) In the case of a conviction as aforesaid, no person shall have his or her name removed from the register or have his or her licence suspended on account thereof if such offence does not, either from its trivial nature or from the circumstances under which it was committed, render such person unfit in the public interest to practise optical dispensing.

(3) In making any such inquiry, the board shall sit as in open court, and the person charged shall be afforded an opportunity of defence either in person or by an Australian legal practitioner.

(4) Whenever the licence of an optical dispenser is suspended under the provisions of this section the secretary shall enter in the register a memorandum of that fact and of the date and cause thereof.

(5) The board may, after inquiry under this section, if it is satisfied that a person poses a substantial risk to the health of members of the public, 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 board 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.

(6) If the board 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 board 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.