150FACritical impairment conditions [NSW]

150FA Critical impairment conditions [NSW]

150FA Critical impairment conditions [NSW]

(1) This section applies if a Council imposes or alters a condition under this Law on the registration of a health practitioner because of the impairment of the practitioner.

Note.

In relation to the alteration of conditions—see, for example, section 152K.

(2) The Council may order that a contravention of a condition on the registration of a health practitioner that it imposes or alters because of the impairment of the practitioner will result in the contravention being referred to the Commission to be dealt with as a complaint against the practitioner. Any such condition is then a critical impairment condition.

(3) If a Council for a health profession is satisfied a health practitioner registered in the profession has contravened a critical impairment condition—

(a) the Council must refer the matter to the Commission; and

(b) the matter may be dealt with by the Commission as a complaint made to the Commission against the practitioner.

(4) If the Commission decides to deal with the matter as a complaint, 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 is registered.

Note.

See section 145D which provides that both a 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.

(5) This section has effect despite anything to the contrary in this Law.

s 150FA: Ins 2014 No 84, Sch 1 [5].