Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 1 Modifications—Health Practitioner Regulation National Law
(see s 6)
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35A National Board consideration of criminal history
(1) In making a decision under this Act that relates to an individual's criminal history, a National Board must consider—
(a) the individual's criminal record; and
(b) the inherent requirements of the profession, division or recognised specialty, for which the individual is seeking registration; and
(c) whether or not there is a high degree of direct connection between the individual's criminal record and the inherent requirements of the profession, division or recognised specialty.
(2) If guidelines have been made by the National Board for this section, the board must also consider the guidelines when making the decision.
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(1) If a National Board receives a complaint, the board must, as soon as practicable after its receipt—
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(4A) The action that may be taken in relation to a notification or complaint, or part of a notification or complaint, from most serious to least serious, is as follows:
(a) deal with the notification or complaint, or part, under part 8, division 7 (Immediate action);
(b) refer the notification or complaint, or part, to the responsible tribunal under part 8, division 12 (Referring matter to responsible tribunals);
(c) refer the notification or complaint, or part, to the health complaints entity to be considered under the Human Rights Commission Act 2005 ;
(d) investigate the notification or complaint, or part, under part 8, division 8 (Investigations);
(e) deal with the notification or complaint, or part, as a professional standards matter under part 8, division 11 (Panels);
(f) deal with the notification or complaint, or part, as a health matter under part 8, division 11 (Panels);
(g) take action under part 8, division 10 (Action by National Board);
(h) decide to take no further action in relation to the notification, complaint, or part, in accordance with section 151 (When National Board may decide to take no further action).
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If an investigation, conciliation or other action taken by a health complaints entity
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If an investigation or other action taken by a health complaints entity, other than a conciliation,
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(5A) If a notification or complaint is referred to the health complaints entity for consideration under subsection (4A) (c), the health complaints entity must report the results of the consideration to the National Board as soon as practicable.
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A National Board
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Subject to section 150, a National Board
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(2) The notice must advise the registered health practitioner or student of—
(a) the nature of the notification; and
(b) the powers that the board might exercise in relation to the notification; and
(c) the procedural rights that the health practitioner or student has under this Act.
(2A) If a National Board approves a form for the notice, the notice must be in the approved form.
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A National Board
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Subject to section 150, a National Board
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(3) The National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.
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167 Joint decision by National Board and health complaints entity
(1) The National Board must consider the investigator's report jointly with the health complaints entity and attempt to reach agreement on how the matter that is the subject of the report is to be dealt with.
(2) After consideration under subsection (1), the National Board must decide—
[1.11] New section 167 (3) and (4)
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(3) However, if the National Board and the health complaints entity are not able to reach agreement on how the matter is to be dealt with, the decision of the board under subsection (2) must be to take the most serious action proposed by either the board or the health complaints entity.
(4) The actions that may be taken in relation to the matter, from most serious to least serious, are the actions set out in section 150 (4A).
[1.12] New section 172 (2) (ca) and (cb)
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(ca) the powers that the board might exercise in relation to the assessment; and
(cb) the procedural rights that the health practitioner or student has under this Act.
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(3) If a National Board approves a form for the notice, the notice must be in the approved form.
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The assessor must
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(1) The assessor must
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(2) If the report relates to a performance assessment, the National Board to which the report is given must give a copy of the report to the health complaints entity as soon as practicable.
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177 Joint decision by National Board and health complaints entity
(1) The National Board must consider the report and discussions held with the registered health practitioner or student under section 176 (3).
(2) If the assessor's report relates to a performance assessment, the consideration must be joint consideration with the health complaints entity, and the National Board and health complaints entity must attempt to reach agreement on how the registered health practitioner or student is to be dealt with.
(3) After consideration, the National Board may decide to—
[1.17] New section 177 (4) and (5)
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(4) If the report relates to a performance assessment and the National Board and the health complaints entity are not able to reach agreement on what to do in relation to the registered health practitioner or student, the decision of the board under subsection (3) must be to take the most serious action proposed by either the board or the health complaints entity.
(5) The actions that may be taken under subsection (4), from most serious to least serious, are the actions set out in section 150 (4A).
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(1A) This section also applies if—
(a) on jointly considering a notification, complaint or other matter, the health complaints entity is satisfied on reasonable grounds that the National Board should take action under subsection (2) (a), (b) or (c) in relation to a registered health practitioner or student registered by the board; and
(b) the action proposed by the health complaints entity to be taken by the board is more serious than any other action proposed by the board to be taken.
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(4) If this section applies in relation to a registered health practitioner or student registered by the board because of subsection (1A), the National Board must—
(a) jointly consider with the health complaints entity the action to be taken under subsection (2) (a), (b) or (c); and
(b) take the action agreed after joint consideration.
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(3) The panel must also give a copy of the notice to the health complaints entity as soon as practicable.
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(4) A panel must have regard to evidence given by the health complaints entity under section 186A.
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186A Role of health complaints entity
At a hearing of a panel, the health complaints entity may—
(a) be represented; and
(b) give evidence about the consideration of a complaint or other matter by the health complaints entity; and
(c) be present at the hearing even if not giving evidence.
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(3A) The National Board must also, within 30 days after the panel makes its decision, give the health complaints entity a copy of the notice given to the registered health practitioner or student.
[1.24] Schedule 5, part 1, clause 2 (3)
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(3) For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.
(4) However—
(a) the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—
(i) an offence against this schedule; or
(ii) an offence in relation to the falsity of the information, answer or document; and
(b) evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.
[1.25] Schedule 6, part 1, clause 2 (3)
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(3) For subclauses (1) and (2), it is not a reasonable excuse for an individual to fail to give stated information, answer a question or produce a document only because giving the information, answering the question or producing the document might tend to incriminate the individual.
(4) However—
(a) the information, answer or document required to be given, answered or provided by the individual is not admissible in evidence against the individual in a criminal proceeding, other than a proceeding for—
(i) an offence against this schedule; or
(ii) an offence in relation to the falsity of the information, answer or document; and
(b) evidence that was discovered as a result of the information or answer, and that could not have been discovered but for the giving of the information or answering of the question, is not admissible against the individual in a criminal proceeding.