Division 14 Performance Review Panels and assessors [NSW]

174   Establishment of Performance Review Panels [NSW]

(1)  There are to be Performance Review Panels established for the purposes of this Law.

(2)  A Panel has and may exercise the jurisdiction and functions conferred or imposed on it by or under this Law or any other Act.

174A   Membership of Performance Review Panels [NSW]

(1)  If a Council decides to require a Performance Review Panel to conduct a performance review of the professional performance of a registered health practitioner, the Council must appoint 3 persons to sit as the Panel for the purpose of that performance review.

(2)  Of those 3 persons—

(a)  2 are to be registered health practitioners registered in the same health profession as the health practitioner to whom the proceedings relate; and

(b)  one is to be a person who—

(i)  is not a registered health practitioner or student in the same health profession as the health practitioner to whom the proceedings relate; and

(ii)  has not at any time been registered as a health practitioner or student in that health profession under this Law or a corresponding prior Act.

(3)  If the health profession has divisions, at least one and, if practicable, both, of the members appointed under subsection (2)(a) must be registered in the same division of the health profession as the health practitioner the subject of the complaint.

(4)  One of the members of the Panel must be appointed by the Council as Chairperson of the Panel.

(5)  A person may be appointed to sit on a Panel whether or not the person is a member of the Council, but not if the person has previously dealt with the particular matter before the Panel in the person’s capacity as a member of the Council.

(6)  A member of a Panel, while sitting on the Panel, is entitled to be paid by the Council at a rate decided by the Minister in consultation with the Council.

174B   Decisions of Panel [NSW]

A decision supported by a majority of members of a Performance Review Panel is the decision of the Panel.

174C   Certain powers may be exercised by Chairperson [NSW]

(1)  The Chairperson of a Performance Review Panel may exercise the following functions of a Panel—

(a)  the power to terminate a performance review;

(b)  the power to hand down a decision of the Panel on a performance review.

(2)  A power of a Performance Review Panel that is exercised by the Chairperson of the Panel under this Law is taken to have been exercised by the Panel.

174D   Assessors [NSW]

(1)  A Council may appoint suitably qualified persons to be assessors for the purposes of this Law.

(2)  Assessors are to be appointed on the terms and conditions decided by the Council.

(3)  An assessor has the functions conferred on an assessor by this Law and any other functions, in connection with Division 5, conferred on the assessor by the Council.