150ESpecial provision—performance assessment [NSW]

150E Special provision—performance assessment [NSW]

150E Special provision—performance assessment [NSW]

(1) If the Commission agrees with the proposed imposition by a Council under section 150 of a condition on a registered health practitioner’s registration requiring the practitioner to take part in a performance assessment, the matter giving rise to the proposal—

(a) must be dealt with by way of a performance assessment; and

(b) may, if the Council and the Commission agree, also be dealt with by the Commission as a complaint against the practitioner.

(2) If the Commission does not agree with the imposition of the condition, the matter must be dealt with by the Commission as a complaint against the registered health practitioner.

(3) The Council may (despite any other Act or law) provide to the Commission any information obtained by the Council in connection with the exercise of functions under section 150 (including any information, copies of documents or evidence obtained under section 150J and a copy of any recording made under section 150B) in respect of the matter.

(4) If a matter is to be dealt with under this section by way of a performance assessment, it may be so dealt with despite anything to the contrary in section 154A.

(5) If the matter is to be dealt with as a complaint, the Council must refer the matter to the Commission and the matter must be dealt with by the Commission as a complaint made to the Commission against the practitioner concerned.

(6) The Commission must investigate the complaint or cause it to be investigated and, as soon as practicable after the investigation is completed, refer the complaint to a Committee for the health profession or the Tribunal.

Note.

See section 145D which provides that both Council and the Commission have a duty to refer a complaint to the Tribunal if, at any time, either of them is of the opinion the complaint, if substantiated, would provide grounds for the suspension or cancellation of the health practitioner’s registration.

s 150E: Am 2013 No 95, Sch 6.4 [19].