New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 138

138 Definitions [NSW]

(1) In this Part--

"Assessment Committee" means an Assessment Committee established under section 172A.

"assessor" means a person appointed as an assessor under section 174D.

"authorised person" means a person appointed as an authorised person under section 164.

"Australian lawyer" has the same meaning as it has in the Legal Profession Uniform Law (NSW) .

"Commission" means the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993 .

"Committee" means--

(a) an Assessment Committee; or

(b) a Professional Standards Committee.

"competent" has the meaning given by section 139.

"complainant" includes a person acting as a nominal complainant in accordance with this Law.

"conduct" means any act or omission.

"confidential information" has the meaning given by section 139A.

"confidential information notice" means a notice that--

(a) indicates that--

(i) confidential information is not included in a statement required to be given to a person under this Law; or

(ii) a statement required to be given to a person under this Law will not be provided; and

(b) gives the reason the confidential information is not included or the statement will not be provided.

"Council" means a Council established under section 41B.

"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions but does not include--

(a) the Tribunal; or

(b) a Council; or

(c) a Performance Review Panel; or

(d) a Professional Standards Committee.

"criminal finding" means--

(a) a finding that an offence has been proved without proceeding to a conviction; or

(b) a finding that an offence has been proved and the discharging of, or the making of an order releasing, the offender conditionally on entering into a good behaviour bond for a specified period or on other conditions decided by the court.

"critical compliance order or condition" means an order or condition of a registered health practitioner's or student's registration that is a critical compliance order or condition under section 146B, 149A or 163B.

"drug related offence" means an offence under--

(a) the Drug Misuse and Trafficking Act 1985 or regulations under that Act; or

(b) the Poisons and Therapeutic Goods Act 1966 or regulations under that Act.

"Executive Officer" means the Executive Officer of a Council.

"former Board" means a Board established under a repealed Act.

"health product" means a pharmaceutical product or other product used for health purposes.

"health service" has the meaning given by the Health Care Complaints Act 1993 .

"health service provider" has the meaning given by the Health Care Complaints Act 1993 .

"Impaired Registrants Panel" means an Impaired Registrants Panel established under section 173.

"Minister" means--

(a) the Minister administering this Law; or

(b) if different Ministers are administering the Law in different respects or different portions of the Law, the Minister administering the Law in the relevant respect or administering the relevant portion of the Law.

"overservicing" , by a registered health practitioner, means the practitioner, in the course of practising the practitioner's profession--

(a) provides a service in circumstances in which provision of the service is unnecessary, not reasonably required or excessive; or

(b) engages in conduct prescribed by the NSW regulations as constituting overservicing.

"performance assessment" means an assessment of a registered health practitioner's professional performance conducted by an assessor under Subdivision 3 of Division 5 of Part 8.

"performance review" means a review of a registered health practitioner's professional performance conducted by a Performance Review Panel under Subdivision 4 of Division 5 of Part 8.

"Performance Review Panel" means a Performance Review Panel established under section 174.

"pharmacist" means a person registered under this Law in the pharmacy profession.

"President" means the President of a Council.

"professional misconduct" has the meaning given by section 139E.

"Professional Standards Committee" means a Professional Standards Committee established under section 169.

"prohibition order" has the meaning given by section 149C(5).

"protected report" means any of the following reports--

(a) a report prepared by an Impaired Registrants Panel for a Council;

(b) a report prepared by an assessor for a Council or Performance Review Panel;

(c) a report prepared by a registered health practitioner about an examination conducted under section 145E, 152B or 152C;

(d) a report prepared by a registered health practitioner for a Council in connection with an examination of a person by the health practitioner as required by a condition of registration or an order imposed by an adjudication body on the person;

(e) a report prepared by a registered health practitioner for a Council under a request made by a person to the health practitioner in connection with a matter being dealt with by an Impaired Registrants Panel;

(f) a report prepared, under clause 12 of Schedule 5B, by a person giving expert advice to a Performance Review Panel.

"repealed Act" means any of the following Acts--

(a) Chiropractors Act 2001 ;

(b) Dental Practice Act 2001 ;

(c) Medical Practice Act 1992 ;

(d) Nurses and Midwives Act 1991 ;

(e) Optometrists Act 2002 ;

(f) Osteopaths Act 2001 ;

(g) Pharmacy Practice Act 2006 ;

(h) Physiotherapists Act 2001 ;

(i) Podiatrists Act 2003 ;

(j) Psychologists Act 2001 .

"Secretary" means the Secretary of the Ministry of Health.

"sex or violence offence" means an offence involving any of the following, other than an offence prescribed by the NSW regulations--

(a) sexual activity;

(b) sexual touching or sexual acts within the meaning of Division 10 of Part 3 of the Crimes Act 1900 ;

(c) child pornography or child abuse material (within the meaning of the Crimes Act 1900 );

(d) physical violence or the threat of physical violence.

"Tribunal" means the Civil and Administrative Tribunal.

"Tribunal List Manager" means the List Manager of the Health Practitioner List of the Occupational Division of the Tribunal.

"unsatisfactory professional conduct" has the meaning given by sections 139B- 139D.

(2) A term defined in subsection (1) for this Part and also used in another NSW provision has the same meaning in the other NSW provision as it has in this Part.