120ASuspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge

120A Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge

120A Suspension of members of staff from duty pending decision in relation to misconduct or serious criminal charge

(1) If—

(a) the registration of a member of staff as a registered health practitioner is suspended under section 150 of the Health Practitioner Regulation National Law (NSW), or

(b) conditions are imposed on the registration of a member of staff as a registered health practitioner under section 150(1)(b) of that Law that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or

(c) an interim prohibition order is made in respect of a member of staff under section 41AA of the Health Care Complaints Act 1993 that prohibits the staff member from providing health services or specified health services, or

(d) an interim prohibition order is made in respect of a member of staff under section 41AA of that Act that places conditions on the provision of health services or specified health services by the staff member that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or

(e) a member of staff is charged with having committed a serious criminal offence,

the Health Secretary may suspend the member of staff from duty until the suspension, interim prohibition order or conditions have been removed or expire or the criminal charge has been dealt with.

(2) Any salary payable to a person as a member of staff while the person is suspended from duty under this section is (if the Health Secretary so directs) to be withheld.

(3) If—

(a) the registration of the member of staff as a registered health practitioner is cancelled or suspended under section 149C of the Health Practitioner Regulation National Law (NSW), or

(b) conditions are imposed on the registration of the member of staff as a registered health practitioner under section 149A(1)(b) of that Law that, in the opinion of the Health Secretary, are inconsistent with any of the inherent requirements of the terms of employment of the staff member, or