Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 67

Outcome of health panel's hearing

67. Outcome of health panel's hearing



(1) After considering all the submissions made to a hearing into the ability
of a registered health practitioner to practise as a health practitioner or of
a registered student to undertake clinical training, a health panel may find
that-

   (a)  the ability of the health practitioner to practise as a health
        practitioner is affected because-

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

   (ii) the health practitioner has an incapacity; or

   (iii) the health practitioner is an alcoholic or drug-dependent person; or





   (b)  the ability of the student to undertake clinical training is affected
        because-

   (i)  of the physical or mental health of the student; or

   (ii) the student has an incapacity; or

   (iii) the student is an alcoholic or drug-dependent person; or

   (c)  the ability of the health practitioner to practise as a health
        practitioner or the ability of the student to undertake clinical
        training is not affected.

(2) If the health panel makes a finding under subsection (1)(a) or (b), the
panel may make one or more of the following determinations-

   (a)  in the case of a health practitioner, to impose any condition on the
        registration or endorsement of registration of the health
        practitioner;

   (b)  in the case of a student, to impose any condition on the registration
        of the student;

   (c)  to suspend the registration of the health practitioner or student for
        the period and subject to any condition specified in the
        determination;

   (d)  to require the health practitioner or student to enter into an
        agreement with the responsible board.

(3) Without limiting the powers of the health panel under subsection (2)(a),
the panel may determine to impose all or any of the following conditions on
the registration of a health practitioner-

   (a)  that the health practitioner undergo counselling;

   (b)  that the health practitioner undertake and complete specified further
        education or training within a specified period;

   (c)  that the health practitioner work under the supervision of another
        health practitioner;

   (d)  that the health practitioner attend another
        registered health practitioner for treatment.

(4) If the health panel makes a finding under subsection (1)(c), the panel may
determine that no further action be taken.

(5) A student is not permitted to undertake clinical training contrary to the
terms of a determination in force under this section.