Subdivision 3 Assessment of professional performance by assessor [NSW]

155   How Council obtains an assessment [NSW]

A Council has the professional performance of a registered health practitioner assessed by having one or more assessors conduct an assessment of the practitioner’s professional performance, or of any particular aspect or aspects of the practitioner’s professional performance.

155A   Information to be given to health practitioner [NSW]

(1)  As soon as practicable after deciding to have the professional performance of a registered health practitioner assessed, a Council must give the practitioner written notice of the decision.

(2)  The notice must include the following—

(a)  details of the matter that gave rise to the assessment;

(b)  information about how the performance assessment process works.

155B   Report and recommendations by assessor [NSW]

(1)  An assessor who is required by a Council to conduct a performance assessment in relation to a registered health practitioner must—

(a)  conduct an assessment of the practitioner’s professional performance; and

(b)  give a written report about the assessment to the Council.

(2)  The report must include the recommendations the assessor considers appropriate.

(3)  If more than one assessor is appointed to conduct a performance assessment in relation to a registered health practitioner, the report may be made jointly or separately, but in any case must be made in the way directed by the Council.

155C   Action that may be taken by Council [NSW]

(1)  After receiving the report of an assessor about a performance assessment, a Council may—

(a)  decide that no further action should be taken in respect of the registered health practitioner the subject of the report; or

(b)  require a Performance Review Panel to conduct a performance review in relation to the practitioner; or

(c)  make a complaint against the practitioner; or

(d)  refer the matter to an Impaired Registrants Panel; or

(e)  counsel the practitioner or direct the practitioner to attend counselling.

(2)  A Council must make a complaint against the practitioner concerned if the assessment—

(a)  raises a significant issue of public health or safety that, in the opinion of the Council, requires investigation by the Commission; or

(b)  raises a prima facie case of professional misconduct by a registered health practitioner, or unsatisfactory professional conduct by a registered health practitioner.

(3)  This section does not limit a Council’s powers under section 150.