Health Insurance Act 1973

If, in the course of the performance of functions or the exercise of powers under this Part, a Committee or the Determining Authority forms the opinion that conduct by a practitioner has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person, the Committee or the Authority, as the case may be, must give to the Director a written statement of its concerns, together with the material, or copies of the material, on which its opinion was based.

If the Director receives, from a Committee or the Determining Authority, a statement and material under subsection (1) in relation to conduct by a person, the Director must send the statement and material to:

a State or Territory body that is responsible for the administration of health services or the protection of public health and safety in the State or Territory in which the conduct occurred; and

each appropriate person or body for the person (see subsection (4)).

If, in the course of or in connection with the performance of functions or the exercise of powers (whether by the Director, the Director’s nominee, a Committee or the Determining Authority) under this Part in relation to a person who renders professional services, the Director forms the opinion that any conduct by the person has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person, the Director must:

prepare a written statement of his or her concerns; and

attach to the statement the material, or copies of the material, on which his or her opinion is based; and

send the statement and material to:

a State or Territory body that is responsible for the administration of health services or the protection of public health and safety in the State or Territory in which the conduct occurred; and

each appropriate person or body for the person (see subsection (4)).

For the purposes of paragraph (2)(b) and subparagraph (3)(c)(ii), an appropriate person or body for a person who renders professional services is a person or body that:

is specified in the regulations; and

has the power to take action against the person.

This section applies as if:

a reference in this section to a practitioner included a reference to a person who has been a practitioner; and

a reference in this section to a person who renders professional services includes a reference to a person who has rendered professional services.