sec.139Proceedings in relation to practitioner’s behaviour while temporarily unregistered

### sec.139 Proceedings in relation to practitioner’s behaviour while temporarily unregistered This section applies if— proceedings are taken under this Part against a person who is a registered health practitioner; and the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred— after the practitioner’s registration ended under section 108 (2) (a) ; and while the practitioner continued to practise the health profession. The proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred. Subsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7 , whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention. In this section— behaviour includes— continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession. sch s 139 sub 2022 No. 22 s 90 (sec.139-ssec.1) This section applies if— proceedings are taken under this Part against a person who is a registered health practitioner; and the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred— after the practitioner’s registration ended under section 108 (2) (a) ; and while the practitioner continued to practise the health profession. (sec.139-ssec.2) The proceedings may be taken and findings may be made as if the practitioner were registered at the time the behaviour occurred. (sec.139-ssec.3) Subsection (2) does not prevent a finding of unprofessional conduct on the basis the person was contravening a provision of Division 10 of Part 7 , whether or not the person has been prosecuted for, or convicted of, an offence in relation to the contravention. (sec.139-ssec.4) In this section— behaviour includes— continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession. - (a) proceedings are taken under this Part against a person who is a registered health practitioner; and - (b) the panel or tribunal is satisfied the behaviour to which the proceedings relate occurred— (i) after the practitioner’s registration ended under section 108 (2) (a) ; and (ii) while the practitioner continued to practise the health profession. - (i) after the practitioner’s registration ended under section 108 (2) (a) ; and - (ii) while the practitioner continued to practise the health profession. - (i) after the practitioner’s registration ended under section 108 (2) (a) ; and - (ii) while the practitioner continued to practise the health profession. - (a) continuing to take or use a title protected under Subdivision 1 of Division 10 of Part 7 for a health profession; or - (b) continuing to undertake a practice protected under Subdivision 2 of Division 10 of Part 7 for a health profession.