New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 130

130 Registered health practitioner or student to give National Board notice of certain events

(1) A registered health practitioner or student must, within 7 days after becoming aware that a relevant event has occurred in relation to the practitioner or student, give the National Board established for the practitioner's or student's health profession written notice of the event.

(2) A contravention of subsection (1) by a registered health practitioner or student does not constitute an offence but may constitute behaviour for which health, conduct or performance action may be taken.

(2A) To avoid doubt, a registered health practitioner is not required to give the National Board written notice of an event within the meaning of paragraphs (e) or (f) of the definition of
"relevant event" if the notification is prohibited by the Health Insurance Act 1973 of the Commonwealth.

(3) In this section--

"relevant event" , in relation to a registered health practitioner, means--

(a) the practitioner is charged with--

(i) a scheduled medicine offence; or

(ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or

(b) the practitioner is convicted of or is the subject of a finding of guilt for--

(i) a scheduled medicine offence; or

(ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or

(c) appropriate professional indemnity insurance arrangements are no longer in place in relation to the practitioner's practice of the profession; or

(d) the practitioner's right to practise at a hospital or another facility at which health services are provided is withdrawn or restricted because of the practitioner's conduct, professional performance or health; or

(e) the practitioner is disqualified under an agreement under section 92 of the Health Insurance Act 1973 of the Commonwealth because of the practitioner's conduct, professional performance or health; or

(f) the practitioner is subject to a final determination under section 106TA of the Health Insurance Act 1973 of the Commonwealth that contains a direction under section 106U(1)(g) or (h) of that Act that the practitioner be disqualified because of the practitioner's conduct, professional performance or health; or

(g) the practitioner's authority under a law of a State or Territory to administer, obtain, possess, prescribe, sell, supply or use a scheduled medicine or class of scheduled medicines is cancelled or restricted; or

(h) a complaint is made about the practitioner to an entity referred to in section 219(1)(a) to (e); or

(i) the practitioner's registration under the law of another country that provides for the registration of health practitioners is suspended or cancelled or made subject to a condition or another restriction.

"relevant event," in relation to a student, means--

(a) the student is charged with--

(i) a scheduled medicine offence; or

(ii) an offence punishable by 12 months imprisonment or more, whether in a participating jurisdiction or elsewhere; or

(b) the student is convicted of or is the subject of a finding of guilt for--

(i) a scheduled medicine offence; or

(ii) an offence punishable by imprisonment, whether in a participating jurisdiction or elsewhere; or

(c) the student's registration under the law of another country that provides for the registration of students has been suspended or cancelled.

"scheduled medicine offence" means an offence against a law of a participating jurisdiction--

(a) if--

(i) the law regulates the authority of registered health practitioners or students to administer, obtain, possess, prescribe, sell, supply or use scheduled medicines; and

(ii) the offence relates to registered health practitioners or students administering, obtaining, possessing, prescribing, selling, supplying or using scheduled medicines; but

(b) does not include an offence declared or prescribed by a law of the jurisdiction not to be a scheduled medicine offence for the purposes of this Law.