sec.193CNational Board may decide not to refer certain matters

sec.193C National Board may decide not to refer certain matters

A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193 (1) (a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal. In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— the need to protect the health and safety of the public; the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint; whether the practitioner is still registered and, if not still registered, may again seek registration in the future; any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; any other matter the Board considers relevant to the decision. If a decision is made under this section to not refer a matter to a responsible tribunal— the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and the National Agency must publish information about the decision in its annual report. s 193C ins 2022 No. 22 s 146 (2) (sec.193C-ssec.1) A National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193 (1) (a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal. (sec.193C-ssec.2) In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following— the need to protect the health and safety of the public; the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; whether the practitioner is the subject of more than 1 complaint or has previously been the subject of a complaint; whether the practitioner is still registered and, if not still registered, may again seek registration in the future; any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter; any other matter the Board considers relevant to the decision. (sec.193C-ssec.3) If a decision is made under this section to not refer a matter to a responsible tribunal— the Board must give written notice of the decision, including the reasons for the decision, to the health ombudsman; and the National Agency must publish information about the decision in its annual report.

• (a) the need to protect the health and safety of the public;