Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 64

Referral to a health assessment or a Tribunal hearing

64. Referral to a health assessment or a Tribunal hearing



(1) The professional standards panel may, at any time during a hearing into a
health practitioner's professional conduct or professional performance, direct
the health practitioner to undergo a health assessment to assess his or her
ability to practise as a health practitioner, if the panel is of the opinion
that his or her ability to practise may be affected.

(2) The professional standards panel must refer a matter arising out of a
hearing into a health practitioner's professional performance or professional
conduct to a Tribunal hearing if the panel is of the opinion that-

   (a)  there is a reasonable likelihood that VCAT will find that the health
        practitioner has engaged in professional misconduct; or

   (b)  there is a reasonable likelihood that VCAT will find that the health
        practitioner's ability to practise is affected to such an extent that
        the cancellation of the registration may be warranted.

(3) If a matter is referred to a Tribunal hearing under this section, any
hearing by a professional standards panel must be abandoned.

(4) A professional standards panel may cease a hearing into a health
practitioner's professional conduct or professional performance and refer the
matter to a health panel if the professional standards panel is of the opinion
that the ability of the health practitioner to practise as a health
practitioner may be affected because-

   (a)  of the physical or mental health of the health practitioner; or

   (b)  the health practitioner has an incapacity; or

   (c)  the health practitioner is an alcoholic or drug-dependent person.

Division 7-Hearings by health panels