Health Practitioner Regulation National Law (NSW) No 86a
Current version for 19 December 2014 to date (accessed 28 January 2015 at 07:58)
Part 8Division 3Subdivision 3

Subdivision 3 Disciplinary powers of Professional Standards Committees [NSW]

146   Definitions [NSW]

In this Subdivision—

Committee means a Professional Standards Committee.

relevant health practitioner means a health practitioner registered under this Law in the—

(a)  medical profession; or
(b)  nursing and midwifery profession.

146A   Powers may be exercised if complaint proved or admitted [NSW]

A Committee may exercise any power conferred on it by this Subdivision if it finds the subject-matter of a complaint against a relevant health practitioner to have been proved or the relevant health practitioner who is the subject of the complaint admits to it in writing to the Committee.

146B   General powers to caution, reprimand, counsel etc [NSW]

(1)  A Committee may do one or more of the following in relation to a relevant health practitioner the subject of a complaint referred to it—
(a)  caution or reprimand the practitioner;
(b)  direct that the conditions, relating to the practitioner’s practising of the practitioner’s profession, it considers appropriate be imposed on the practitioner’s registration;
(c)  order that the practitioner seek and undergo medical or psychiatric treatment or counselling (including, but not limited to, psychological counselling);
(d)  order that the practitioner complete an educational course specified by the Committee;
(e)  order that the practitioner report on the practitioner’s practice at the times, in the way and to the persons specified by the Committee;
(f)  order that the practitioner seek and take advice, in relation to the management of the practitioner’s practice, from the persons specified by the Committee.
(2)  If the relevant health practitioner is not registered, a direction may still be given under this section but has effect only so as to require the conditions concerned to be imposed when the health practitioner is registered.
(3)  If a Committee acting under this section makes an order or directs that any condition be imposed on a health practitioner’s registration, the Committee may order that a contravention of the order or condition will result in the health practitioner’s registration in the health profession being cancelled.
(4)  The order or condition concerned is then a critical compliance order or condition.

146C   Power to fine in certain cases [NSW]

(1)  A Committee may by order impose a fine of an amount of not more than 50 penalty units on a relevant health practitioner the subject of a complaint referred to the committee.
(2)  A fine is not to be imposed unless—
(a)  the Committee finds the relevant health practitioner to have been guilty of unsatisfactory professional conduct; and
(b)  the Committee is satisfied there is no other order, or combination of orders, that is appropriate in the public interest.
(3)  A fine is not to be imposed if a fine or other penalty has already been imposed by a court in respect of the conduct.
(4)  A fine must be paid within the time specified in the order imposing the fine and must be paid to the Council.

146D   Committee can recommend suspension or cancellation on grounds of lack of physical or mental capacity [NSW]

(1)  A Committee may recommend that a relevant health practitioner’s registration be suspended for a specified period or that the practitioner’s registration be cancelled if the Committee is satisfied the practitioner does not have sufficient physical and mental capacity to practise the practitioner’s profession.
(2)  If the relevant health practitioner is no longer registered, a recommendation may be made under this section that the person be disqualified from being registered.
(3)  The Committee makes its recommendation by referring the matter, with its recommendation and the material on which it relied in making its recommendation, to the Tribunal.
(4)  The Tribunal may—
(a)  make an order in the terms recommended; or
(b)  may make another order about the suspension or cancellation of the registration of the relevant health practitioner as the Tribunal thinks proper based on the findings of the Committee.
(5)  An order under this section may also provide that an application for review of the order under Division 8 may not be made until after a specified time.
(6)  Instead of making an order under this section, the Tribunal may exercise any power of a Committee under this Subdivision.

146E   Council may refer contravention of conditions to Tribunal [NSW]

(1)  If a Council for a health profession reasonably believes a relevant health practitioner has contravened any conditions imposed under a direction made by a Committee under this Subdivision, it may refer the matter to the Tribunal.
(2)  If the Tribunal finds the failure proved, it may exercise any power conferred on it or a Committee by this Subdivision.
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