Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 40

Suspension of registration at any time

40. Suspension of registration at any time



(1) A responsible board may, at any time, suspend the registration of a health
practitioner if the responsible board is of the opinion that it is necessary
to do so because there is a serious risk that the health and safety of the
public will be endangered because the responsible board believes, on
reasonable grounds, that-

   (a)  the health practitioner's ability to practise as a health practitioner
        is, or may be, affected for any of the reasons set out in section
        38(1)(a); or

   (b)  the health practitioner's professional performance is, or may be,
        unsatisfactory; or



   (c)  the health practitioner has, or may have, engaged in unprofessional
        conduct or professional misconduct.

(2) A responsible board may, at any time, suspend the registration of a
student if the responsible board is of the opinion that it is necessary to do
so because there is a serious risk that the health and safety of the public
will be endangered because the responsible board believes that the student's
ability to undertake clinical training as part of his or her course of study
or supervised training is affected for any of the reasons set out in section
38(2).

(3) If a responsible board has suspended the registration of a health
practitioner or student, the registration is suspended until-

   (a)  any investigation or any hearing into the matter is completed and the
        responsible board is of the opinion that there is no serious risk that
        the health and safety of the public will be endangered as a result of
        the health practitioner practising as a health practitioner or the
        student undertaking clinical training; or

   (b)  the suspension is otherwise revoked.

(4) If the responsible board has suspended the registration of a health
practitioner or student, it must-

   (a)  immediately notify the following of that suspension-

   (i)  the health practitioner or student; and

   (ii) the employer of the health practitioner; and

   (iii) in the case of a student, the person providing the course of study in
        which the student is enrolled and any person providing supervised
        training to the student; and

   (b)  ensure that the matter is investigated or heard as soon as possible
        after that suspension.

(5) In place of suspending the registration of a health practitioner or a
student under this section, the responsible board may seek and accept an
agreement in writing from the health practitioner to alter the way in which he
or she practises as a health practitioner or the student to alter the way in
which he or she undertakes clinical training.

(6) For the purposes of this Act, a health practitioner or student whose
registration is suspended is to be treated as not being registered for the
period of that suspension.