117ADuty of chief executive to report certain conduct

117A Duty of chief executive to report certain conduct

117A Duty of chief executive to report certain conduct

(1) The chief executive of a public health organisation is to report the conduct of a member of staff of the organisation to a Council established (under section 41B of the Health Practitioner Regulation National Law (NSW)) for a health profession if—

(a) the member of staff is a health practitioner in that health profession, and

(b) the chief executive suspects on reasonable grounds that the conduct may constitute professional misconduct or unsatisfactory professional conduct under that Law.

(2) For the purposes of this section, the Ambulance Service of NSW is taken to be a public health organisation.

(3) If a chief executive is required to report the same conduct under this section and under section 142 of the Health Practitioner Regulation National Law (NSW), compliance with either section, or with alternative reporting requirements approved by the Health Secretary, satisfies the requirements of both sections.

(4) A report made because of a requirement under this section is taken to be a complaint both for the purposes of Part 8 of the Health Practitioner Regulation National Law (NSW) and for the purposes of the Health Care Complaints Act 1993 (including sections 96 and 98 of that Act).

s 117A: Ins 2004 No 98, Sch 4.3 [2]. Am 2005 No 98, Sch 2.29; 2006 No 2, Sch 2 [35]; 2010 No 34, Sch 2.27 [14]–[16]. Subst 2017 No 50, Sch 3 [3]. Am 2018 No 73, Sch 4 [3].