HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 50 Replacement of pt 8, div 12, hdg and ss 193–195

HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 50

50 Replacement of pt 8, div 12, hdg and ss 193–195

National Law provisions, part 8 , division 12 , heading and sections 193 to 195 —

omit, insert—

Division 12 - Referring matter to health ombudsman and responsible tribunals

Subdivision 1 - Matters to be referred

193 Health ombudsman to be notified about particular serious matters

(1) The National Board must notify the health ombudsman as soon as practicable after—

(a) the National Board forms a reasonable belief, based on a complaint or for any other reason, that—

(i) a registered health practitioner has behaved in a way that constitutes professional misconduct; or

(ii) there is another ground for suspending, cancelling or withdrawing a registered health practitioner’s registration; or

(b) a panel notifies the National Board of the panel’s belief under section 190(2).

(1A) Subsection (1)(a) does not apply if the National Board is satisfied the health ombudsman is aware of the matter mentioned in subsection (1)(a)(i) or (ii), including, for example, because it was the subject of a referral to the National Agency under the Health Ombudsman Act 2013, part 9, division 1.

(2) On receiving the notification, the health ombudsman must ask the National Board to—

(a) refer the matter to the health ombudsman; or

(b) continue to deal with the matter under the National Law.

(3) This section does not limit the National Board’s power to do any of the following before making a notification under subsection (1) or a referral under subsection (2)—

(a) withdraw the registered health practitioner’s registration under section 85A;

(b) accept a surrender of the registered health practitioner’s registration under section 137;

(c) take immediate action in relation to the registered health practitioner under Division 7.

193A Referrals to health ombudsman

(1) A National Board must refer a matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 if the health ombudsman requests the referral under section 193(2).

(2) Also, if a panel has notified the National Board that established the panel that the matter must be referred to a responsible tribunal, the Board must notify the health ombudsman of that fact.

(3) If a matter is referred under subsection (1) and the Board notifies the health ombudsman in relation to the matter under subsection (2) , the health ombudsman must refer the matter to the responsible tribunal under the Health Ombudsman Act 2013 .

(4) A National Board may refer another matter about a registered health practitioner or student to the health ombudsman to be dealt with under the Health Ombudsman Act 2013 with the health ombudsman’s agreement.

193B Referrals to responsible tribunal

(1) Subject to section 193C, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—

(a) a panel established by the Board asks the Board to refer the matter to a responsible tribunal; and

(b) it is not a matter that must be referred to the health ombudsman under section 193A.

(2) A National Board may refer a matter about a registered health practitioner or student to a responsible tribunal if the health ombudsman asks the Board under section 193(2) to continue to deal with the matter under this Law.

(3) The National Board must—

(a) refer the matter to—

(i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or

(ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and

(b) give written notice of the referral to the registered health practitioner or student to whom the matter relates.

(4) If the matter relates to a complaint, the referral must include the details of the complainant.

193C National Board may decide not to refer certain matters

(1) A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.

(2) In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—

(a) the need to protect the health and safety of the public;

(b) the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;

(c) whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint;

(d) whether the practitioner is still registered and, if not still registered, may again seek registration in the future;

(e) any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;

(f) any other matter the Board considers relevant to the decision.

(3) If a decision is made under this section to not refer a matter to a responsible tribunal—

(a) the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and

(b) the National Agency must publish information about the decision in its annual report.

Subdivision 2 - Proceedings referred to responsible tribunal by a National Board

194 Application of sdiv 2 This subdivision applies to a proceeding for a matter referred by a National Board to a responsible tribunal under section 193B.