sec.193Matters to be referred to responsible tribunal

### sec.193 Matters to be referred to responsible tribunal Subject to section 193A , a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal. The National Board must— refer the matter to— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and give written notice of the referral to the registered health practitioner or student to whom the matter relates. Subsection (1) (a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular. See section 85C (b) which provides for the action a National Board may take if the Board decides a registered health practitioner’s registration was improperly obtained. sch s 193 amd 2022 No. 22 ss 73, 108 (sec.193-ssec.1) Subject to section 193A , a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal. (sec.193-ssec.2) The National Board must— refer the matter to— the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and give written notice of the referral to the registered health practitioner or student to whom the matter relates. (sec.193-ssec.3) Subsection (1) (a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular. See section 85C (b) which provides for the action a National Board may take if the Board decides a registered health practitioner’s registration was improperly obtained. - (a) for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or - (b) for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal. - (a) refer the matter to— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and - (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or - (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and - (b) give written notice of the referral to the registered health practitioner or student to whom the matter relates. - (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or - (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner’s principal place of practice is located; and