complainant includes a person acting as a nominal complainant in accordance with this Law.
conduct means any act or omission.
confidential information has the meaning given by section 139A.
confidential information notice means a notice that—
(a) indicates that—
(i) confidential information is not included in a statement required to be given to a person under this Law; or
(ii) a statement required to be given to a person under this Law will not be provided; and
(b) gives the reason the confidential information is not included or the statement will not be provided.
Council means a Council established under section 41B.
court includes a tribunal, authority or person having power to require the production of documents or the answering of questions but does not include—
(a) the Tribunal; or
(b) a Council; or
(c) a Performance Review Panel; or
(d) a Professional Standards Committee.
criminal finding means—
(a) a finding that an offence has been proved without proceeding to a conviction; or
(b) a finding that an offence has been proved and the discharging of, or the making of an order releasing, the offender conditionally on entering into a good behaviour bond for a specified period or on other conditions decided by the court.
critical compliance order or condition means an order or condition of a registered health practitioner’s or student’s registration that is a critical compliance order or condition under section 146B, 149A or 163B.
Impaired Registrants Panel means an Impaired Registrants Panel established under section 173.
Minister means—
(a) the Minister administering this Law; or
(b) if different Ministers are administering the Law in different respects or different portions of the Law, the Minister administering the Law in the relevant respect or administering the relevant portion of the Law.
overservicing, by a registered health practitioner, means the practitioner, in the course of practising the practitioner’s profession—
(a) provides a service in circumstances in which provision of the service is unnecessary, not reasonably required or excessive; or
(b) engages in conduct prescribed by the NSW regulations as constituting overservicing.
performance assessment means an assessment of a registered health practitioner’s professional performance conducted by an assessor under Subdivision 3 of Division 5 of Part 8.
performance review means a review of a registered health practitioner’s professional performance conducted by a Performance Review Panel under Subdivision 4 of Division 5 of Part 8.
Performance Review Panel means a Performance Review Panel established under section 174.
pharmacist means a person registered under this Law in the pharmacy profession.
President means the President of a Council.
professional misconduct has the meaning given by section 139E.
Professional Standards Committee means a Professional Standards Committee established under section 169.
prohibition order has the meaning given by section 149C(5).
protected report means any of the following reports—
(a) a report prepared by an Impaired Registrants Panel for a Council;
(b) a report prepared by an assessor for a Council or Performance Review Panel;
(c) a report prepared by a registered health practitioner about an examination conducted under section 145E, 152B or 152C;
(d) a report prepared by a registered health practitioner for a Council in connection with an examination of a person by the health practitioner as required by a condition of registration or an order imposed by an adjudication body on the person;
(e) a report prepared by a registered health practitioner for a Council under a request made by a person to the health practitioner in connection with a matter being dealt with by an Impaired Registrants Panel;
(f) a report prepared, under clause 12 of Schedule 5B, by a person giving expert advice to a Performance Review Panel.
Secretary means the Secretary of the Ministry of Health.
sex or violence offence means an offence involving any of the following, other than an offence prescribed by the NSW regulations—
(a) sexual activity;
(b) sexual touching or sexual acts within the meaning of Division 10 of Part 3 of the Crimes Act 1900;
(c) child pornography or child abuse material (within the meaning of the Crimes Act 1900);
(d) physical violence or the threat of physical violence.
Tribunal means the Civil and Administrative Tribunal.
Tribunal List Manager means the List Manager of the Health Practitioner List of the Occupational Division of the Tribunal.
unsatisfactory professional conduct has the meaning given by sections 139B–139D.
(2) A term defined in subsection (1) for this Part and also used in another NSW provision has the same meaning in the other NSW provision as it has in this Part.
s 138: Am 2010 No 119, Schs 1.15 [1], 2.23; 2012 No 39, Sch 1.1 [5] [6]; 2013 No 95, Sch 6.4 [4]–[6]; 2015 No 2, Sch 1.4 [1]; 2015 No 7, Sch 2.20; 2015 No 58, Sch 3.40 [2]; 2018 No 33, Sch 5.8 [1].