Australian Capital Territory Repealed Acts

This legislation has been repealed.

HEALTH PROFESSIONALS ACT 2004 (REPEALED) - SECT 86

    (1)     The health profession board must—

        (a)     consult with the commission when it is considering what to do in relation to a report to which this part applies; and

        (b)     endeavour to agree with the commission about the action to be taken in relation to the report.

    (2)     If the health profession board and the commission cannot agree about what to do in relation to the report, the most serious action proposed by either must be taken.

    (3)     The action that may be taken in relation to a report, from most serious to least serious, is as follows:

        (a)     apply to the ACAT for an emergency order in relation to the registered health professional to whom the report relates;

        (b)     apply to the ACAT for—

              (i)     the suspension or cancellation of the registration of the health professional to whom the report relates; or

              (ii)     if the health professional is not registered—a declaration under section 44 (2) in relation to the health professional;

        (c)     consideration under the Human Rights Commission Act 2005

of a report by the commission;

        (d)     refer the health professional to whom the report relates to a professional standards panel;

        (e)     refer the health professional to whom the report relates to a personal assessment panel;

        (f)     refuse to investigate the report further.

    (4)     Also, the health profession board must take action under section 87 (Indication that offence committed) if, after consultation with the commission, either the board, commission or both consider that the section applies to the report.

    (5)     The health profession board may take action under this section even if it has already taken action in relation to the report.

Example

If the health profession board decides that a report about a health professional does not suggest that the health professional may be contravening, or may have contravened, the required standard of practice, the board may refer the report to a personal assessment panel. If the personal assessment panel recommends that the report be referred to a professional standards panel because, on further examination, the report raises the possibility that the health professional may be contravening, or may have contravened, the required standard of practice, the board would then consult with the commission under this section, even though the board has already taken action in relation to the report.

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).