Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 84

Notice to health professional reported

    (1)     This section applies if a report is made under this Act to a health profession board or the commissioner about a registered health professional.

Note     The requirements for a report are set out in s 81.

    (2)     The health profession board or commissioner must, in writing, tell the registered health professional—

        (a)     that a report has been made about the health professional; and

        (b)     that the report is to be considered by the board and commissioner; and

        (c)     what the report is about in general terms; and

        (d)     unless section 128 (Nondisclosure of reports) prevents the disclosure—the name of the person making the report; and

        (e)     that the health professional may make written representations in relation to the report within a stated period after receiving notice of the report.

Note 1     Section 128 prevents the disclosure of a report if there is reason to believe the disclosure would put someone's health or safety at risk, cause someone to receive a lowered standard of health service or prejudice the management of the report or an investigation.

Note 2     The relevant health profession board and the commissioner may, in consultation during an assessment of the report under the Community and Health Services Complaints Act 1993 , agree that it is appropriate for the commissioner to tell the health professional rather than the health profession board.

    (3)     The period under subsection (2) (e) must not be less than 1 month.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback