106Right of appeal to Minister

106 Right of appeal to Minister

106 Right of appeal to Minister

(cf PH Act s 33I)

(1) A person who is dissatisfied with a decision of a public health organisation referred to in section 105(1) concerning the person may appeal to the Minister against that decision.

(2) However, a person cannot appeal to the Minister in relation to any of the following decisions—

(a) a decision by a public health organisation not to re-appoint the person as a visiting practitioner if the organisation has ceased to offer appointments of the kind to which the person seeks re-appointment,

(b) a decision by a public health organisation reducing the clinical privileges of a person if the decision is based on grounds other than the lack of professional competence of the person,

(c) a decision by a public health organisation not to re-appoint a visiting practitioner (or a decision to terminate the appointment of a visiting practitioner) if—

(i) the decision is based on the fact that the practitioner has been convicted of a serious sex or violence offence in respect of a minor, and

(ii) the offence committed involves sexual activity or sexual touching or a sexual act with, or in relation to the minor,

(d) a decision by a public health organisation not to re-appoint a visiting practitioner (or a decision to terminate the appointment of a visiting practitioner) if the decision is based on the fact that the practitioner has been convicted of a serious sex or violence offence in respect of a patient or client of the practitioner that is committed during the course of his or her practice as a medical practitioner or dentist (whether as a visiting practitioner or otherwise).

(3) For the purposes of this section, a failure of a public health organisation to re-appoint a person as a visiting practitioner on or before his or her appointment expires is taken to be a decision not to re-appoint the person.

s 106: Am 2018 No 33, Sch 5.9 [3].