sec.142Mandatory notifications by employers

sec.142 Mandatory notifications by employers

If an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the health ombudsman of the notifiable conduct. An employer takes action against a registered health practitioner by withdrawing or restricting the practitioner’s clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140 . The employer must notify the National Agency of the notifiable conduct. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred. If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— must notify the National Agency; and may— refer the matter to the employer’s licensing authority; or refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or advise the responsible Minister of the matter. In this section— employer , of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services. licensing authority , of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer’s business. This section is an amended and renumbered Queensland provision. s 142 amd 2013 No. 36 s 326 ; 2022 No. 22 s 91 (sec.142-ssec.1) If an employer of a registered health practitioner reasonably believes the health practitioner has behaved in a way that constitutes notifiable conduct, the employer must notify the health ombudsman of the notifiable conduct. An employer takes action against a registered health practitioner by withdrawing or restricting the practitioner’s clinical privileges at a hospital because the employer reasonably believes the public is at risk of harm by the practitioner practising the profession in a way that constitutes a significant departure from accepted professional standards—see paragraph (d) of the definition of notifiable conduct in section 140 . The employer must notify the National Agency of the notifiable conduct. See section 237 which provides protection from civil, criminal and administrative liability for persons who, in good faith, make a notification under this Law. Section 237 (3) provides that the making of a notification does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct and nor is any liability for defamation incurred. (sec.142-ssec.2) If the health ombudsman becomes aware that an employer of a registered health practitioner has failed to notify the health ombudsman of notifiable conduct as required by subsection (1) , the health ombudsman— must notify the National Agency; and may— refer the matter to the employer’s licensing authority; or refer the matter to another appropriate entity in this jurisdiction or another jurisdiction; or advise the responsible Minister of the matter. (sec.142-ssec.3) In this section— employer , of a registered health practitioner, means an entity that employs the health practitioner under a contract of employment or a contract for services. licensing authority , of an employer, means an entity that under a law of a participating jurisdiction is responsible for licensing, registering or authorising the employer to conduct the employer’s business.