174AMembership of Performance Review Panels [NSW]

174A Membership of Performance Review Panels [NSW]

174A Membership of Performance Review Panels [NSW]

(1) If a Council decides to require a Performance Review Panel to conduct a performance review of the professional performance of a registered health practitioner, the Council must appoint 3 persons to sit as the Panel for the purpose of that performance review.

(2) Of those 3 persons—

(a) 2 are to be registered health practitioners registered in the same health profession as the health practitioner to whom the proceedings relate; and

(b) one is to be a person who—

(i) is not a registered health practitioner or student in the same health profession as the health practitioner to whom the proceedings relate; and

(ii) has not at any time been registered as a health practitioner or student in that health profession under this Law or a corresponding prior Act.

(3) If the health profession has divisions, at least one and, if practicable, both, of the members appointed under subsection (2)(a) must be registered in the same division of the health profession as the health practitioner the subject of the complaint.

(4) One of the members of the Panel must be appointed by the Council as Chairperson of the Panel.

(5) A person may be appointed to sit on a Panel whether or not the person is a member of the Council, but not if the person has previously dealt with the particular matter before the Panel in the person’s capacity as a member of the Council.

(6) A member of a Panel, while sitting on the Panel, is entitled to be paid by the Council at a rate decided by the Minister in consultation with the Council.

s 174A: Am 2012 No 39, Sch 1.1 [19].