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Health Practitioner Regulation National Law Act 2009
sec.178National Board may take action
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### sec.178 National Board may take action
This section applies if—
a National Board reasonably believes, because of a notification or for any other reason—
the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or
a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or
a 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
a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or
a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and
the matter is not required to be referred to a responsible tribunal under section 193 , including because of a decision made under section 193A that it is not in the public interest; and
the Board decides it is not necessary or appropriate to refer the matter to a panel.
The National Board may decide to take one or more of the following actions ( relevant action ) in relation to the registered health practitioner or student—
caution the registered health practitioner or student;
accept an undertaking from the registered health practitioner or student;
impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner—
a condition requiring the practitioner to complete specified further education or training 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;
refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.
If the National Board decides to impose a condition on the registered health practitioner’s or student’s registration, the Board must also decide a review period for the condition.
sch s 178 amd 2017 No. 32 s 87 (1) s ch 1 pt 1 ; 2022 No. 22 ss 71, 107
(sec.178-ssec.1) This section applies if— a National Board reasonably believes, because of a notification or for any other reason— the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or a 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 a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and the matter is not required to be referred to a responsible tribunal under section 193 , including because of a decision made under section 193A that it is not in the public interest; and the Board decides it is not necessary or appropriate to refer the matter to a panel.
(sec.178-ssec.2) The National Board may decide to take one or more of the following actions ( relevant action ) in relation to the registered health practitioner or student— caution the registered health practitioner or student; accept an undertaking from the registered health practitioner or student; impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner— a condition requiring the practitioner to complete specified further education or training 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; refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.
(sec.178-ssec.3) If the National Board decides to impose a condition on the registered health practitioner’s or student’s registration, the Board must also decide a review period for the condition.
- (a) a National Board reasonably believes, because of a notification or for any other reason— (i) the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or (ii) a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or (iii) a 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 (iv) a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or (v) a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and
- (i) the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or
- (ii) a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or
- (iii) a 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
- (iv) a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or
- (v) a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and
- (b) the matter is not required to be referred to a responsible tribunal under section 193 , including because of a decision made under section 193A that it is not in the public interest; and
- (c) the Board decides it is not necessary or appropriate to refer the matter to a panel.
- (i) the way a registered health practitioner registered in a health profession for which the Board is established practises the health profession, or the practitioner’s professional conduct, is or may be unsatisfactory; or
- (ii) a registered health practitioner or student registered in a health profession for which the Board is established has or may have an impairment; or
- (iii) a 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
- (iv) a student has or may have contravened a condition of the student’s registration or an undertaking given by the student to a National Board; or
- (v) a registered health practitioner’s registration was improperly obtained because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular; and
- (a) caution the registered health practitioner or student;
- (b) accept an undertaking from the registered health practitioner or student;
- (c) impose conditions on the practitioner’s or student’s registration, including, for example, in relation to a practitioner— (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;
- (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or
- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or
- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or
- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or
- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or
- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;
- (d) refer the matter to another entity, including, for example, a health complaints entity, for investigation or other action.
- (i) a condition requiring the practitioner to complete specified further education or training within a specified period; or
- (ii) a condition requiring the practitioner to undertake a specified period of supervised practice; or
- (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner’s practice; or
- (iv) a condition requiring the practitioner to manage the practitioner’s practice in a specified way; or
- (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner’s practice; or
- (vi) a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;