Queensland Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW ACT 2009 - SECT 47

47 Replacement of s 190 (Referral to responsible tribunal or National Board)

National Law provisions, section 190 —
omit, insert—

190 Referral to Board for notification to health ombudsman

(1) This section applies if, at any time while hearing a matter, a panel reasonably believes the evidence demonstrates—

(a) the registered health practitioner the subject of the hearing may have behaved in a way that constitutes professional misconduct; or

(b) there is another ground for suspending, cancelling or withdrawing the registration of the registered health practitioner the subject of the hearing.

(2) The panel must notify the National Board of the panel’s belief.

Note—

See section 193.

(3) This section does not limit the panel’s power to also decide under section 191 to suspend the practitioner’s registration before notifying the Board under subsection (2) .

190A Referral to Board for referral to responsible tribunal

(1) This section applies if, at any time, the practitioner or student the subject of a hearing asks the panel for the matter to be referred to a responsible tribunal.

(2) The panel must stop hearing the matter and notify the National Board that established the panel that the matter must be referred to a responsible tribunal.