Health Practitioner Regulation National Law (NSW) No 86a
Current version for 14 May 2013 to date (accessed 24 May 2013 at 16:38)
Part 7Division 11Subdivision 5

Subdivision 5 Board’s powers to check identity and criminal history

134   Evidence of identity

(1)  A National Board may, at any time, require a registered health practitioner to provide evidence of the practitioner’s identity.
(2)  A requirement under subsection (1) must be made by written notice given to the registered health practitioner.
(3)  The registered health practitioner must not, without reasonable excuse, fail to comply with the notice.
(4)  A contravention of subsection (3) by a registered health practitioner does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.
(5)  If a registered health practitioner gives a National Board a document as evidence of the practitioner’s identity under this section, the Board may, by written notice, ask the entity that issued the document—
(a)  to confirm the validity of the document; or
(b)  to give the Board other information relevant to the practitioner’s identity.
(6)  An entity given a notice under subsection (5) is authorised to provide the information requested.

135   Criminal history check

(1)  A National Board may, at any time, obtain a written report about a registered health practitioner’s criminal history from any of the following—
(a)  CrimTrac;
(b)  a police commissioner;
(c)  an entity in a jurisdiction outside Australia that has access to records about the criminal history of persons in that jurisdiction.
(2)  Without limiting subsection (1), a report may be obtained under that subsection—
(a)  to check a statement made by a registered health practitioner in the practitioner’s application for renewal of registration; or
(b)  as part of an audit carried out by a National Board, to check statements made by registered health practitioners.
(3)  A criminal history law does not apply to a report under subsection (1).
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