Australian Capital Territory Current Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (ACT) - SECT 191

    (1)     After hearing a matter about a registered health practitioner, a panel may decide—

        (a)     the practitioner has no case to answer and no further action is to be taken in relation to the matter; or

        (b)     one or more of the following—

              (i)     the practitioner has behaved in a way that constitutes unsatisfactory professional performance;

              (ii)     the practitioner has behaved in a way that constitutes unprofessional conduct;

              (iii)     the practitioner has an impairment;

              (iv)     the matter must be referred to a responsible tribunal under section 193 ;

              (v)     the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action.

    (2)     After hearing a matter about a student, a health panel may decide—

        (a)     the student has an impairment; or

        (b)     the matter must be referred to another entity, including, for example, a health complaints entity, for investigation or other action; or

        (c)     the student has no case to answer and no further action is to be taken in relation to the matter.

    (3)     If a panel decides a registered health practitioner or student has an impairment, or that a practitioner has behaved in a way that constitutes unsatisfactory professional performance or unprofessional conduct, the panel may decide to do one or more of the following—

        (a)     impose conditions on the practitioner's or student's registration, including, for example, in relation to a practitioner—

              (i)     a condition requiring the practitioner to complete specified further education or training within a specified period; or

              (ii)     a condition requiring the practitioner to undertake a specified period of supervised practice; or

              (iii)     a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or

              (iv)     a condition requiring the practitioner to manage the practitioner's practice in a specified way; or

              (v)     a condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or

              (vi)     a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;

        (b)     for a health panel, suspend the practitioner's or student's registration;

        (c)     for a performance and professional standards panel, caution or reprimand the practitioner.

    (4)     If a panel decides to impose a condition on a registered health practitioner's or student's registration, the panel must also decide a review period for the condition.

    (4A)     If a panel suspends a health practitioner's or student's registration, the panel must decide a date (the reconsideration date ) by which the suspension must be reconsidered by a panel established under section 181 (1A).

    (5)     A decision by a panel that a registered health practitioner has no case to answer in relation to a matter does not prevent a National Board or adjudication body taking the matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner.