Health Ombudsman Act 2013
sec.107Decision about registered health practitioner other than student
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sec.107 Decision about registered health practitioner other than student
This section applies in relation to a matter concerning a registered health practitioner, other than a student, referred to QCAT by the director of proceedings under section 103 . After hearing the matter, QCAT may decide— the practitioner has no case to answer and no further action is to be taken in relation to the matter; or one or more of the following— the practitioner has behaved in a way that constitutes unsatisfactory professional performance; the practitioner has behaved in a way that constitutes unprofessional conduct; the practitioner has behaved in a way that constitutes professional misconduct; the practitioner has an impairment; the registration was improperly obtained because the practitioner or someone else gave the relevant National Board information or a document that was false or misleading in a material particular. If QCAT makes a decision referred to in subsection (2) (b) , it may decide to do one or more of the following— caution or reprimand the practitioner; impose a condition on the practitioner’s registration, including, for example— a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or a condition requiring the practitioner to undertake a specified period of supervised practice; or a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or a condition requiring the practitioner not to employ, engage or recommend a specified person or class of persons; require the practitioner to pay a fine of not more than $30,000 to the health ombudsman; suspend the practitioner’s registration for a specified period; cancel the practitioner’s registration. If QCAT decides to cancel the practitioner’s registration or the practitioner does not hold registration, QCAT may also decide to— disqualify the practitioner from applying for registration as a registered health practitioner indefinitely or for a specified period; or prohibit the practitioner, either permanently or for a stated period, from— providing any health service or a specified health service; or using any title or a specified title. Sections 21 and 22 provide for the application of this Act to a person as if the person were a registered health practitioner. The National Law, section 205 provides for the relevant National Board to give effect to QCAT’s decision. s 107 amd 2017 No. 32 s 76 ; 2019 No. 38 s 50 amd 2025 No. 6 s 7 (uncommenced amendment) (sec.107-ssec.1) This section applies in relation to a matter concerning a registered health practitioner, other than a student, referred to QCAT by the director of proceedings under section 103 . (sec.107-ssec.2) After hearing the matter, QCAT may decide— the practitioner has no case to answer and no further action is to be taken in relation to the matter; or one or more of the following— the practitioner has behaved in a way that constitutes unsatisfactory professional performance; the practitioner has behaved in a way that constitutes unprofessional conduct; the practitioner has behaved in a way that constitutes professional misconduct; the practitioner has an impairment; the registration was improperly obtained because the practitioner or someone else gave the relevant National Board information or a document that was false or misleading in a material particular. (sec.107-ssec.3) If QCAT makes a decision referred to in subsection (2) (b) , it may decide to do one or more of the following— caution or reprimand the practitioner; impose a condition on the practitioner’s registration, including, for example— a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or a condition requiring the practitioner to undertake a specified period of supervised practice; or a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or a condition requiring the practitioner not to employ, engage or recommend a specified person or class of persons; require the practitioner to pay a fine of not more than $30,000 to the health ombudsman; suspend the practitioner’s registration for a specified period; cancel the practitioner’s registration. (sec.107-ssec.4) If QCAT decides to cancel the practitioner’s registration or the practitioner does not hold registration, QCAT may also decide to— disqualify the practitioner from applying for registration as a registered health practitioner indefinitely or for a specified period; or prohibit the practitioner, either permanently or for a stated period, from— providing any health service or a specified health service; or using any title or a specified title. Sections 21 and 22 provide for the application of this Act to a person as if the person were a registered health practitioner. The National Law, section 205 provides for the relevant National Board to give effect to QCAT’s decision.