147CSkills testing of relevant health practitioner [NSW]

147C Skills testing of relevant health practitioner [NSW]

147C Skills testing of relevant health practitioner [NSW]

(1) A Council may direct a Committee to require the relevant health practitioner the subject of the complaint referred to the Committee to undergo skills testing.

(2) The Committee must, by written notice given to the relevant health practitioner, require the health practitioner to undergo skills testing by an appropriately qualified person specified in the notice, at the reasonable time and place specified in the notice.

(3) A failure by the relevant health practitioner, without reasonable excuse, to comply with the notice is, for the purposes of this Part or any inquiry or appeal under this Law, evidence the health practitioner does not have sufficient skill to practise the health profession in which the health practitioner is registered.

(4) A person who conducts skills testing for the purposes of this section must report to the Committee on the results of the testing.

(5) The Committee must give a copy of the report to the relevant health practitioner.

(6) A person must not, directly or indirectly, make a record of or divulge to any person any information contained in a report to a Committee under this section that has come to the person’s notice in the exercise of the person’s functions under this Law, other than for the purpose of exercising the person’s functions under this Law.

Maximum penalty—50 penalty units.

(7) A person cannot be required in civil proceedings in any court to produce or permit access to a report made to a Committee under this section or to divulge the contents of the report.

(8) In this section—

report includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.