Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 77

Determinations of VCAT

77. Determinations of VCAT



(1) After it has completed a hearing under this Division in relation to an
application in respect of a health practitioner VCAT may make a finding as to
whether or not-

   (a)  the health practitioner has engaged in unprofessional conduct or
        professional misconduct; or

   (b)  the health practitioner's ability to practise as a health practitioner
        is affected; or

   (c)  the health practitioner's performance has been unsatisfactory; or

   (d)  the health practitioner is not of good character.

(2) VCAT may find a practitioner has engaged in unprofessional conduct even
though the application alleged professional misconduct.

(3) After it has completed a hearing under this Division in relation to an
application in respect of a student VCAT may make any one or more of the
following findings-

   (a)  the student's ability to undertake clinical training is affected; or

   (b)  the student's suitability to undertake clinical training is affected
        because the student has been charged with an indictable offence or
        been convicted or found guilty of such an offence; or

   (c)  the student's ability or suitability to undertake clinical training is
        not affected.

(4) VCAT may make one or more of the following determinations with respect to
a health practitioner-

   (a)  require the health practitioner to undergo counselling;

   (b)  caution the health practitioner;

   (c)  reprimand the health practitioner;

   (d)  require the health practitioner to undertake and complete specified
        further education or training within a specified period;

   (e)  impose any condition on the registration or endorsement of
        registration of the health practitioner;

   (f)  impose a fine on the health practitioner of not more than $50 000 to
        be paid to the responsible board;

   (g)  suspend the registration of the health practitioner for the period
        specified in the determination;

   (h)  cancel the registration of the health practitioner;

        (i)    order that the practitioner undertake a specified period of
               practice under specified supervision;

   (j)  order that the practitioner do or refrain from doing something in
        connection with the practice of his or her health profession;

   (k)  order that the practitioner's practice be conducted for a specified
        period in a specified way or subject to specified conditions;

   (l)  order that the practitioner's practice be subject to periodic
        inspection by a specified person for a specified period;

   (m)  order that the practitioner report on the health practice of the
        practitioner to a specified person at specified intervals;

   (n)  order that the practitioner not employ, engage or recommend a
        specified person or class of persons;

   (o)  disqualify the health practitioner from applying for registration
        under section 4 within a specified period if the health practitioner's
        registration is cancelled by the Tribunal or by a health practitioner
        registration authority of another State or Territory of the
        Commonwealth or of New Zealand.





(5) VCAT may make one or more of the following determinations with respect to
a student-

   (a)  require the student to undergo counselling;

   (b)  caution the student;

   (c)  reprimand the student;

   (d)  impose any condition on the registration of the student;

   (e)  suspend the registration of the student for the period specified in
        the determination;

   (f)  cancel the registration of the student.

(6) Without limiting any other powers of VCAT to make orders, if VCAT has
determined to cancel or suspend the registration of a health practitioner
under this section, VCAT may make an order prohibiting the health practitioner
from providing the health services specified in the order or from using any
title that is specified in the order.

(7) Any fine or costs are recoverable at law by the responsible board even
though the responsible board has not exercised any of its other powers.

Division 2-Review of decisions of boards and panels