Health Services Act 1997

Chief executive to notify Health Secretary of certain matters The chief executive of a public health organisation must notify the Health Secretary of the following matters—

that a visiting practitioner of the organisation has been convicted (whether before or during the term of his or her appointment as a visiting practitioner) of a serious sex or violence offence,

whether or not the public health organisation proposes to terminate the appointment of the visiting practitioner and the reasons why it intends to terminate or not to terminate the appointment,

any written submissions made to the chief executive under subsection (3) concerning the conviction.

When chief executive to notify The chief executive is to notify the Health Secretary under subsection (1) within 30 days (or such further period as may be agreed to by the Health Secretary) of becoming aware of the visiting practitioner’s conviction.

Chief executive to afford practitioner opportunity to make submissions Before notifying the Health Secretary under subsection (1), the chief executive is to afford the visiting practitioner concerned a reasonable opportunity to make written submissions concerning any matter relevant to the conviction that the visiting practitioner wishes to have considered in determining whether or not to terminate the practitioner’s appointment.

Powers of Health Secretary on being notified On being notified of the matters referred to in subsection (1), the Health Secretary may—

confirm the proposed termination or retention of the visiting practitioner, or

refuse to confirm the proposed termination or proposed retention of the visiting practitioner and direct the public health organisation not to terminate or to terminate the appointment (as the case may be).

When public health organisation may terminate appointment on its own initiative A public health organisation may terminate the appointment of a visiting practitioner who has been convicted (whether before or during the term of his or her appointment as a visiting practitioner) of a serious sex or violence offence, but only if—

the chief executive has notified the Health Secretary under subsection (1) of the proposal to terminate the appointment and of the matters referred to in that subsection, and

the Health Secretary has notified the organisation that he or she has confirmed the organisation’s proposal to terminate the appointment.

Public health organisation must terminate appointment if Health Secretary directs A public health organisation must terminate the appointment of a visiting practitioner under this Part who has been convicted (whether before or during the appointment) of a serious sex or violence offence if the Health Secretary has directed the public health organisation to do so under subsection (4)(b).

Section does not apply to previously disclosed convictions This section does not apply to a conviction that occurred before a person was appointed as a visiting practitioner if before that appointment—

the person notified the chief executive of the public health organisation in writing of the fact of the conviction, and

the chief executive of the organisation reported the conviction to the Health Secretary, and

the Health Secretary notified the public health organisation in writing that he or she consented to the person being appointed as a visiting practitioner.

Functions of chief executive may be carried out by authorised person The functions of a chief executive of a public health organisation under this section may be carried out by a person who is authorised by the chief executive to do so.

Application of section This section extends to a conviction that occurred before the commencement of this section.