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)](/view/html/inforce/current/act-2009-86a), 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](/view/html/inforce/current/act-1993-105) 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)](/view/html/inforce/current/act-2009-86a), 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 > > > > > (c) a prohibition order is made in respect of the member of staff under section 41A of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) that prohibits the staff member from providing health services or specified health services, or > > > > > (d) a prohibition order is made in respect of the member of staff under section 41A 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) the person is convicted of the offence concerned, > > > > the salary withheld under subsection (2) is forfeited to the State unless the Health Secretary otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed. > > > (4) If, at the time that the relevant suspension, interim prohibition order or conditions referred to in subsection (1)(a)–(d) are removed or expire, action referred to in subsection (3)(a)–(d) is not taken in relation to the member of staff, the salary withheld under subsection (2) is to be paid to that member of staff unless the Health Secretary directs that the salary is to be forfeited to the State (other than any salary that was due to the person in respect of a period before the suspension was imposed). > > > (5) If the Health Secretary has suspended a member of staff from duty under this section, the Health Secretary may at any time remove the suspension. > > > (6) Nothing in this section prevents the Health Secretary from suspending a member of staff under any other provision of this Act or any other law (with or without pay) or from taking any other action against a member of staff under this Part. > > > (7) In this section— > > > > salary does not include any payment in connection with sick leave, recreation leave or any other leave. > > > > serious criminal offence means an offence committed in New South Wales that is punishable by imprisonment for 5 years or more or an offence committed elsewhere that, if it had been committed in New South Wales, would be an offence so punishable. > > **s 120A:** Ins 2013 No 24, Sch 4. Am 2016 No 2, Sch 2 \[19\].