Duty to report certain criminal conduct and disciplinary matters
117 Duty to report certain criminal conduct and disciplinary matters
A member of staff who is charged with having committed, or is convicted of, a serious sex or violence offence must, within 7 days of the charge being laid or conviction, report that fact in writing to the chief executive of the relevant organisation.
Note.
The term serious sex or violence offence is defined in the Dictionary to mean an offence involving sexual activity, sexual touching or a sexual act, physical violence or the threat of physical violence that—
if committed in New South Wales, is punishable by imprisonment for 12 months or more, or
if committed elsewhere than in New South Wales, would have been an offence punishable by imprisonment for 12 months or more if committed in New South Wales.
A member of staff who is the subject of one of the following findings must report that fact to the chief executive of the relevant organisation, and provide the chief executive with a copy of the finding, within 7 days of receiving notice of the finding—
a misconduct finding made under the Health Practitioner Regulation National Law (NSW),
a finding made under the law of another State or Territory that substantially corresponds to or is substantially the same as a finding referred to in paragraph (a).
In this section—
chief executive of the relevant organisation, in relation to a member of staff, means the chief executive of the public health organisation to which the member of staff has been assigned.
misconduct finding includes a finding of professional misconduct or unsatisfactory professional conduct.
Note.
Section 142 of the Health Practitioner Regulation National Law (NSW) imposes obligations on employers to notify the Australian Health Practitioner Regulation Agency of misconduct by health practitioners.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.