146DCommittee can recommend suspension or cancellation on grounds of lack of physical or mental capacity [NSW]

146D Committee can recommend suspension or cancellation on grounds of lack of physical or mental capacity [NSW]

146D Committee can recommend suspension or cancellation on grounds of lack of physical or mental capacity [NSW]

(1) A Committee may recommend that a relevant health practitioner’s registration be suspended for a specified period or that the practitioner’s registration be cancelled if the Committee is satisfied the practitioner does not have sufficient physical or mental capacity to practise the practitioner’s profession.

(2) If the relevant health practitioner is no longer registered, a recommendation may be made under this section that the person be disqualified from being registered.

(3) The Committee makes its recommendation by referring the matter, with its recommendation and the material on which it relied in making its recommendation, to the Tribunal.

(4) The Tribunal may—

(a) make an order in the terms recommended; or

(b) may make another order about the suspension or cancellation of the registration of the relevant health practitioner as the Tribunal thinks proper based on the findings of the Committee.

(5) An order under this section may also provide that an application for review of the order under Division 8 may not be made until after a specified time.

(6) Instead of making an order under this section, the Tribunal may exercise any power of a Committee under this Subdivision.

s 146D: Am 2013 No 95, Sch 6.4 [10] [11]; 2016 No 4, Sch 1 [6].