150FSpecial provisions—impairment [NSW]

150F Special provisions—impairment [NSW]

150F Special provisions—impairment [NSW]

(1) This section applies if a Council takes action against a registered health practitioner or student under section 150 because, in the Council’s opinion, the practitioner or student has an impairment.

(2) The Council must, as soon as practicable after taking that action and, in any event, within 7 days after taking that action, notify the Commission that it has taken that action.

(3) The Council must consult with the Commission to see if agreement can be reached as to whether the matter should be—

(a) dealt with as a complaint against the registered health practitioner or student; or

(b) referred to an Impaired Registrants Panel.

(4) The matter is to be dealt with as a complaint against the registered health practitioner or student only if, following the consultation—

(a) the Council and the Commission agree it should be dealt with as a complaint; or

(b) either the Council or the Commission is of the opinion the matter should be dealt with as a complaint.

(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 registered health practitioner or student.

(6) The Commission must investigate the complaint or cause it to be investigated and, as soon as practicable after the investigation is completed, consult with the Council about how the matter is to be dealt with, including, for example, by referring the complaint to the Tribunal or a Committee for the health profession in which the health practitioner or student is registered.

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 or student’s registration.

(7) If the matter is not to be dealt with as a complaint, the Council must refer the matter to an Impaired Registrants Panel.