176CAdjudication body to consider impact of decision on third parties [NSW]

176C Adjudication body to consider impact of decision on third parties [NSW]

176C Adjudication body to consider impact of decision on third parties [NSW]

(1) If an adjudication body proposes to make a decision that, in the body’s opinion, will impose an appreciable burden on an identifiable third party in connection with a registered health practitioner’s practice or clinical training undertaken by a student, the body—

(a) must give the third party an opportunity to make submission to the body with respect to the decision; and

(b) must take the submission into account before giving the direction or making the order.

(2) If an adjudication body makes a decision that will, in the body’s opinion, impose an appreciable burden on an identifiable third party in connection with a registered health practitioner’s practice or clinical training undertaken by a student, the body must give the third party notice of the decision as soon as practicable after it is made.

(3) An example of a decision that may impose an appreciable burden on an identifiable third party in connection with a registered health practitioner’s practice is a decision that has the effect of requiring the practice of a registered health practitioner to be supervised by an identified third party.

(4) In this section—

adjudication body means—

(a) a Committee;

(b) a Council;

(c) a Panel;

(d) the Tribunal.

third party means a health service provider other than the registered health practitioner to whom an inquiry relates, but does not include a person or body exercising functions conferred by this Law or the Health Care Complaints Act 1993.

Note.

This section is a New South Wales provision.

s 176C: Am 2013 No 95, Sch 6.4 [51].