Health Practitioner Regulation National Law (South Australia) Act 2010

Subject to section 193A, a National Board must refer a matter about a registered health practitioner or student to a responsible tribunal if—

for a registered health practitioner, the Board reasonably believes, based on a notification or for any other reason, the practitioner has behaved in a way that constitutes professional misconduct; or

for a registered health practitioner or student, a panel established by the Board requires the Board to refer the matter to a responsible tribunal.

The

National Board must—

refer the matter to—

the responsible tribunal for the participating jurisdiction in which the behaviour the subject of the matter occurred; or

if the behaviour occurred in more than one jurisdiction, the responsible tribunal for the participating jurisdiction in which the practitioner's principal place of practice is located; and

give written notice of the referral to the registered health practitioner or student to whom the matter relates.

Subsection (1)(a) does not require a National Board to refer a matter to a responsible tribunal if the behaviour constituting the professional misconduct consists of a registered health practitioner improperly obtaining registration because the practitioner or someone else gave the Board information or a document that was false or misleading in a material particular.

Note—

See section 85C(b) which provides for the action a National Board may take if the Board decides a registered health practitioner's registration was improperly obtained.