sec.156Power to take immediate action

### sec.156 Power to take immediate action A National Board may take immediate action in relation to a registered health practitioner or student registered in a health profession for which the Board is established if— the National Board reasonably believes that— because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and it is necessary to take immediate action to protect public health or safety; or the National Board reasonably believes that— the student poses a serious risk to persons because the student— has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or has, or may have, an impairment; or has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and it is necessary to take immediate action to protect public health or safety; or the registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or the registered health practitioner’s or student’s registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction. the National Board reasonably believes the action is otherwise in the public interest. A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners. However, the National Board may take immediate action that consists of suspending, or imposing a condition on, the health practitioner’s or student’s registration only if the Board has complied with section 157 . sch s 156 amd 2017 No. 32 ss 24, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 122 (sec.156-ssec.1) A National Board may take immediate action in relation to a registered health practitioner or student registered in a health profession for which the Board is established if— the National Board reasonably believes that— because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and it is necessary to take immediate action to protect public health or safety; or the National Board reasonably believes that— the student poses a serious risk to persons because the student— has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or has, or may have, an impairment; or has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and it is necessary to take immediate action to protect public health or safety; or the registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or the registered health practitioner’s or student’s registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction. the National Board reasonably believes the action is otherwise in the public interest. A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners. (sec.156-ssec.2) However, the National Board may take immediate action that consists of suspending, or imposing a condition on, the health practitioner’s or student’s registration only if the Board has complied with section 157 . - (a) the National Board reasonably believes that— (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and (ii) it is necessary to take immediate action to protect public health or safety; or - (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and - (ii) it is necessary to take immediate action to protect public health or safety; or - (b) the National Board reasonably believes that— (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and (ii) it is necessary to take immediate action to protect public health or safety; or - (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and - (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or - (B) has, or may have, an impairment; or - (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and - (ii) it is necessary to take immediate action to protect public health or safety; or - (c) the registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the National Board information or a document that was false or misleading in a material particular; or - (d) the registered health practitioner’s or student’s registration has been cancelled or suspended under the law of a jurisdiction, whether in Australia or elsewhere, that is not a participating jurisdiction. - (e) the National Board reasonably believes the action is otherwise in the public interest. Example of when action may be taken in the public interest— A registered health practitioner is charged with a serious criminal offence, unrelated to the practitioner’s practice, for which immediate action is required to be taken to maintain public confidence in the provision of services by health practitioners. - (i) because of the registered health practitioner’s health, conduct or performance, the practitioner poses a serious risk to persons; and - (ii) it is necessary to take immediate action to protect public health or safety; or - (i) the student poses a serious risk to persons because the student— (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or (B) has, or may have, an impairment; or (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and - (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or - (B) has, or may have, an impairment; or - (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and - (ii) it is necessary to take immediate action to protect public health or safety; or - (A) has been charged with an offence, or has been convicted or found guilty of an offence, that is punishable by 12 months imprisonment or more; or - (B) has, or may have, an impairment; or - (C) has, or may have, contravened a condition of the student’s registration or an undertaking given by the student to a National Board; and