Health Ombudsman Act 2013
sec.22Application of Act to persons formerly registered under corresponding prior Act
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sec.22 Application of Act to persons formerly registered under corresponding prior Act
This section applies if a person is not a registered health practitioner but the person was registered in a health profession under a corresponding prior Act. A complaint may be made, and a complaint or other matter may be dealt with, under this Act in relation to the person’s behaviour while the person was registered under the corresponding prior Act as if the person were a registered health practitioner. However, subsection (2) applies only to the extent— a complaint about the person’s behaviour could have been made under the corresponding prior Act; and the action taken under this Act to deal with the matter could have been taken under the corresponding prior Act. For the purposes of subsection (2) , this Act (other than part 7 , division 1 ) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person. See the National Law , section 139 , for the application of part 8 of the National Law in relation to a person who was registered in a health profession under a corresponding prior Act and is not, and has not been, registered in a health profession under the National Law . In this section— corresponding prior Act see the National Law , section 5 . (sec.22-ssec.1) This section applies if a person is not a registered health practitioner but the person was registered in a health profession under a corresponding prior Act. (sec.22-ssec.2) A complaint may be made, and a complaint or other matter may be dealt with, under this Act in relation to the person’s behaviour while the person was registered under the corresponding prior Act as if the person were a registered health practitioner. (sec.22-ssec.3) However, subsection (2) applies only to the extent— a complaint about the person’s behaviour could have been made under the corresponding prior Act; and the action taken under this Act to deal with the matter could have been taken under the corresponding prior Act. (sec.22-ssec.4) For the purposes of subsection (2) , this Act (other than part 7 , division 1 ) applies, with any necessary changes, to the person as if a reference to a registered health practitioner included that person. See the National Law , section 139 , for the application of part 8 of the National Law in relation to a person who was registered in a health profession under a corresponding prior Act and is not, and has not been, registered in a health profession under the National Law . (sec.22-ssec.5) In this section— corresponding prior Act see the National Law , section 5 .
- (a) a complaint about the person’s behaviour could have been made under the corresponding prior Act; and
- (b) the action taken under this Act to deal with the matter could have been taken under the corresponding prior Act.