sec.58BVarying particular immediate registration action on application by registered health practitioner

sec.58B Varying particular immediate registration action on application by registered health practitioner

A registered health practitioner may apply to the health ombudsman to vary an immediate registration action if there is a material change in relation to the matter giving rise to the immediate registration action. However, subsection (1) does not apply if the immediate registration action is accepting an undertaking from the registered health practitioner. An application under subsection (1) must— be in the approved form; and be accompanied by any other information reasonably required by the health ombudsman. In deciding the application, the health ombudsman— must consider whether the material change justifies varying the action taken; and is limited to the grounds mentioned in section 58 . The health ombudsman must decide to do 1 of the following— vary the immediate registration action in the way requested in the application; vary the immediate registration action in a way that is different to that requested in the application; not to vary the immediate registration action. If the health ombudsman decides to vary the immediate registration action in the way requested in the application— the health ombudsman must give the practitioner who made the application notice of the decision; and the health ombudsman must give notice of the variation to— the relevant National Board; and if the immediate registration action was taken in response to a complaint—the complainant; and sections 62 , 65 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to take immediate registration action. If the health ombudsman proposes to vary the immediate registration action in a way that is different to that requested in the application, sections 59 (2) to (4) , 60 , 62 to 65 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to take immediate registration action. If the health ombudsman proposes not to vary the immediate registration action, the health ombudsman must give the practitioner who made the application notice— stating the proposed decision; and inviting the practitioner to make a submission to the health ombudsman, within a stated period of at least 5 business days, about the proposed decision. The practitioner may make submissions orally or in writing. The health ombudsman must have regard to any submissions made by the practitioner within the stated period before deciding not to vary the immediate registration action. If the health ombudsman decides not to vary the immediate registration action, the health ombudsman must give notice of the decision to the practitioner stating the following— the decision; the reasons for the decision; that the practitioner may apply to QCAT for a review of the decision; how, and the period within which, the practitioner may apply for the review of the decision. s 58B ins 2017 No. 32 s 66 amd 2019 No. 38 s 36 ; 2022 No. 22 s 9 (sec.58B-ssec.1) A registered health practitioner may apply to the health ombudsman to vary an immediate registration action if there is a material change in relation to the matter giving rise to the immediate registration action. (sec.58B-ssec.2) However, subsection (1) does not apply if the immediate registration action is accepting an undertaking from the registered health practitioner. (sec.58B-ssec.3) An application under subsection (1) must— be in the approved form; and be accompanied by any other information reasonably required by the health ombudsman. (sec.58B-ssec.4) In deciding the application, the health ombudsman— must consider whether the material change justifies varying the action taken; and is limited to the grounds mentioned in section 58 . (sec.58B-ssec.5) The health ombudsman must decide to do 1 of the following— vary the immediate registration action in the way requested in the application; vary the immediate registration action in a way that is different to that requested in the application; not to vary the immediate registration action. (sec.58B-ssec.6) If the health ombudsman decides to vary the immediate registration action in the way requested in the application— the health ombudsman must give the practitioner who made the application notice of the decision; and the health ombudsman must give notice of the variation to— the relevant National Board; and if the immediate registration action was taken in response to a complaint—the complainant; and sections 62 , 65 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to take immediate registration action. (sec.58B-ssec.7) If the health ombudsman proposes to vary the immediate registration action in a way that is different to that requested in the application, sections 59 (2) to (4) , 60 , 62 to 65 , 94 and 279 apply to the variation decision as if it were, to the extent of the variation, a decision to take immediate registration action. (sec.58B-ssec.8) If the health ombudsman proposes not to vary the immediate registration action, the health ombudsman must give the practitioner who made the application notice— stating the proposed decision; and inviting the practitioner to make a submission to the health ombudsman, within a stated period of at least 5 business days, about the proposed decision. (sec.58B-ssec.9) The practitioner may make submissions orally or in writing. (sec.58B-ssec.10) The health ombudsman must have regard to any submissions made by the practitioner within the stated period before deciding not to vary the immediate registration action. (sec.58B-ssec.11) If the health ombudsman decides not to vary the immediate registration action, the health ombudsman must give notice of the decision to the practitioner stating the following— the decision; the reasons for the decision; that the practitioner may apply to QCAT for a review of the decision; how, and the period within which, the practitioner may apply for the review of the decision.