Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 14

Board's powers before deciding applications

14. Board's powers before deciding applications



(1) Before deciding an application for registration under this Act, the
responsible board-

   (a)  may investigate the applicant; and

   (b)  may, by notice given to the applicant, require the applicant to attend
        before the board within a reasonable time of at least 30 days stated
        in the notice, and at a reasonable place fixed by the board to answer
        any questions of the board relating to the application; and

   (c)  may, by notice given to the applicant, require the applicant to give
        the board, within a reasonable time of at least 30 days stated in the
        notice, further information or any document the board reasonably
        requires to decide the application; and

   (d)  may, by notice given to the applicant, require the applicant to
        undergo a written, oral or practical examination within a reasonable
        time of at least 30 days stated in the notice and at a reasonable
        place; and

   (e)  may, by notice given to the applicant, require the applicant to
        undergo a health assessment by a registered health practitioner within
        a reasonable time of at least 30 days stated in the notice and at a
        reasonable place.

(2) The responsible board may require the information or document mentioned in
subsection (1)(c) to be verified by a statutory declaration.

(3) The purpose of an examination under subsection (1)(d) must be to assess
the applicant's suitability to competently and safely practise in the health
profession for which registration is sought.

(4) The purpose of an assessment under subsection (1)(e) must be to assess
whether the applicant's ability to practise is affected because of their
physical, mental or psychological capacity having regard to the requirements
of section 6(2)(b) and (c).

(5) The applicant is to be taken to have withdrawn the application if, within
the time stated in the notice, the applicant-

   (a)  does not comply with a requirement under subsection (1)(b) or (c); or

   (b)  does not undergo an examination under subsection (1)(d); or

   (c)  does not undergo an assessment under subsection (1)(e).

(6) The responsible board must give a notice under subsection (1)(b), (c), (d)
or (e) to the applicant within 30 days after the board receives the
application.

(7) A notice under subsection (1)(e) must state-

   (a)  the reason for the assessment; and

   (b)  the name and qualifications of the person appointed by the board to
        conduct the assessment; and

   (c)  the place where, and the day and time at which, the assessment is to
        be conducted.