Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 68

Referral to a health assessment or a Tribunal hearing

68. Referral to a health assessment or a Tribunal hearing



(1) The health panel may, at any time during the panel's hearing into a health
practitioner's ability to practise or a registered student's ability to
undertake clinical training, direct the health practitioner or student to
undergo a health assessment to assess his or her ability to practise as a
health practitioner or undertake clinical training.

(2) The health panel must refer a matter arising out of a hearing to VCAT if
the panel is of the opinion that the health practitioner's ability to practise
is affected to such an extent that there is a reasonable likelihood that VCAT
may decide to cancel the registration of the health practitioner.





(3) The health panel may refer a matter arising out of a hearing into a
registered student's ability to undertake clinical training to a Tribunal
hearing if the health panel is of the opinion that the student's ability to
undertake clinical training is affected to such an extent that there is a
reasonable likelihood that VCAT may decide to cancel or suspend the
registration of the student.

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

(5) If a matter is referred to a Tribunal hearing under this section, any
hearing by a health panel into the health practitioner's or student's ability
must be abandoned.

Division 8-Provisions applying to all panel hearings