Health Practitioner Regulation National Law (South Australia) Act 2010

A

National Board may establish a health panel if—

the

Board reasonably believes, because of a notification or for any other reason, that a registered health practitioner or student has or may have an impairment; and

the

Board decides it is necessary or appropriate for the matter to be referred to a panel.

Also, a National Board must establish a health panel if the suspension of a practitioner's or student's registration is to be reconsidered under section 191(4A) or 191A(2)(c).

A health panel must consist of the following members chosen from a list referred to in section 183—

at least one member who is a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing;

at least one member who is a medical practitioner with expertise relevant to the matter the subject of the hearing;

at least one member who is not, and has not been, a registered health practitioner in the same health profession as the registered health practitioner or student the subject of the hearing.

In choosing members of the panel, the National Board must, if possible, choose a member from the jurisdiction in which the matter the subject of the hearing occurred.

No more than half of the members of the panel may be registered health practitioners in the same health profession as the registered health practitioner or student the subject of the hearing.

However, for subsection (4), if the subject of the hearing is a registered health practitioner who is a medical practitioner, a member of the panel referred to in subsection (2)(b) is not to be considered to be registered in the same health profession as the registered health practitioner the subject of the hearing.

A person cannot be appointed to the panel if the person has been involved in any proceedings relating to the matter the subject of the hearing by the panel.