Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 86

Convicted offenders may be prohibited from carrying on business

86. Convicted offenders may be prohibited from carrying on business



(1) The responsible board or the Secretary may by notice in writing given to a
person who has been convicted of or found guilty of an offence against section
85 prohibit the person from carrying on a business providing regulated health
services and, in the case of a pharmacist, from owning or having a proprietary
interest in a pharmacy business.

(2) The prohibition may be expressed to apply-

   (a)  for a fixed period (in which case the prohibition remains in force
        only for that fixed period); or

   (b)  for an unlimited period subject to an entitlement to apply after a
        specified time for the lifting of the prohibition (in which case the
        prohibition remains in force until it is lifted); or

   (c)  to specified premises.

(3) A prohibition may not be imposed under this section unless the responsible
board or the Secretary is of the opinion that the person is not a fit and
proper person to carry on a business providing regulated health services or,
in the case of a pharmacist, from owning or having a proprietary interest in a
pharmacy business.





(4) The responsible board or the Secretary is entitled to presume, in the
absence of evidence to the contrary, that a person who has been convicted of
or found guilty of an offence against section 85 on 2 or more occasions in any
period of 10 years is not a fit and proper person to carry on a business
providing regulated health services or, in the case of a pharmacist, to own or
have a proprietary interest in a pharmacy business.

(5) A prohibition under this section may be limited in its operation in the
following ways-

   (a)  it may be limited to specified premises, but only if the person
        concerned carries on a business providing regulated health services
        including pharmacy services;

   (b)  it may be limited to premises within a specified area;

   (c)  it may be limited in any other way specified by the responsible board
        or the Secretary.