New South Wales Consolidated Regulations

HEALTH PRACTITIONER REGULATION (NEW SOUTH WALES) REGULATION 2016 - REG 5

5 Infection control standards

(1) A relevant health practitioner must not, without reasonable excuse, fail to comply with the infection control standards set out in Schedule 3 to the extent that they apply to the health practitioner in the practice of the health practitioner's profession.

(2) In deciding whether or not a relevant health practitioner has a reasonable excuse for failing to comply with a standard, particular consideration is to be given to the following--

(a) whether the circumstances involved the provision of emergency treatment,

(b) whether the health practitioner's employer failed to provide the necessary equipment, including providing access to it and training in its use, that would have enabled the health practitioner to comply with the standard (and whether the failure to provide such equipment was reported by the health practitioner to the Secretary).

(3) If there is any inconsistency between the infection control standards set out in Schedule 3 and a registration standard, code or guideline published by a National Board, the registration standard, code or guideline prevails to the extent of the inconsistency.