Div 12Referring matter to responsible tribunals

Division 12—Referring matter to responsible tribunals 193—Matters to be referred to responsible tribunal (1) Subject to section 193A, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if— (a) for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or (b) for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal. (2) The National Board must— (a) refer the matter to— (i) the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or (ii) if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; and (b) give written notice of the referral to the registered health practitioner or student to whom the matter relates. (3) Subsection (1)(a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular. See section 85C(b) which provides for the action a National Board may take if the Board decides a registered health practitioner's registration was improperly obtained. 193A—National Boards may decide not to refer certain matters (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. (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— (a) the need to protect the health and safety of the public; (b) the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct; (c) whether the practitioner is the subject of more than one notification or has previously been the subject of a notification; (d) whether the practitioner is still registered and, if not still registered, may again seek registration in the future; (e) 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; (f) any other matter the Board considers relevant to the decision. (3) If a decision is made under this section to not refer a matter to a responsible tribunal, the National Agency must publish information about the decision in its annual report. 194—Parties to the proceedings The parties to proceedings relating to a matter being heard by a responsible tribunal are— (a) the registered health practitioner or student who is the subject of the proceedings; and (b) the National Board that referred the matter to the tribunal. 195—Costs The responsible tribunal may make any order about costs it considers appropriate for the proceedings. 196—Decision by responsible tribunal about registered health practitioner (1) After hearing a matter about a registered health practitioner, a responsible tribunal may decide— (a) the practitioner has no case to answer and no further action is to be taken in relation to the matter; or (b) one or more of the following— (i) the practitioner has behaved in a way that constitutes unsatisfactory professional performance; (ii) the practitioner has behaved in a way that constitutes unprofessional conduct; (iii) the practitioner has behaved in a way that constitutes professional misconduct; (iv) the practitioner has an impairment; (v) the practitioner's registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner's health profession information or a document that was false or misleading in a material particular. (2) If a responsible tribunal makes a decision referred to in subsection (1)(b), the tribunal may decide to do one or more of the following— (a) caution or reprimand the practitioner; (b) impose a condition on the practitioner's registration, including, for example— (i) a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or (iii) a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or (v) a condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or (c) require the practitioner to pay a fine of not more than $30 000 to the National Board that registers the practitioner; (d) suspend the practitioner's registration for a specified period; (e) cancel the practitioner's registration. (3) If the responsible tribunal decides to impose a condition on the practitioner's registration, the tribunal must also decide a review period for the condition. (4) If the tribunal decides to cancel a person's registration under this Law or the person does not hold registration under this Law, the tribunal may also decide to do one or more of the following— (a) disqualify the person from applying for registration as a registered health practitioner for a specified period; (b) prohibit the person, either permanently or for a stated period, from doing either or both of the following— (i) providing any health service or a specified health service; (ii) using any title or a specified title; (c) impose restrictions, either permanently or for a stated period, on the provision of any health service or a specified health service by the person. 196A—Offences relating to prohibition orders (1) A person must not contravene a prohibition order. (2) A person who is subject to a prohibition order (the prohibited person) must, before providing a health service, give written notice of the order to the following persons— (a) the person to whom the prohibited person intends to provide the health service or, if that person is under 16 years of age or under guardianship, a parent or guardian of the person; (b) if the health service is to be provided by the prohibited person as an employee—the person's employer; (c) if the health service is to be provided by the prohibited person under a contract for services or any other arrangement with an entity—that entity; (d) if the health service is to be provided by the prohibited person as a volunteer for or on behalf of an entity—that entity. (3) A person must not advertise a health service to be provided by a prohibited person unless the advertisement states that the prohibited person is subject to a prohibition order. (a) in the case of an individual—$5 000; or (b) in the case of a body corporate—$10 000. 197—Decision by responsible tribunal about student (1) After hearing a matter about a student, a responsible tribunal may decide— (a) the student has an impairment; or (b) the student has no case to answer and no further action is to be taken in relation to the matter. (2) If the responsible tribunal decides the student has an impairment, the tribunal may decide— (a) impose a condition on the student's registration; or (b) suspend the student's registration. 198—Relationship with Act establishing responsible tribunal This Division applies despite any provision to the contrary of the Act that establishes the responsible tribunal but does not otherwise limit that Act.