Health Practitioner Regulation National Law (South Australia) Act 2010

A

National Board may decide not to refer a matter about a registered health practitioner mentioned in section 193(1)(a) to a responsible tribunal if the Board decides there is no public interest in the matter being heard by a responsible tribunal.

In deciding whether or not there is public interest in the matter being heard by a responsible tribunal, the National Board must have regard to the following—

the need to protect the health and safety of the public;

the seriousness of the alleged conduct, including whether the registered health practitioner may have engaged in wilful misconduct;

whether the practitioner is the subject of more than one notification or has previously been the subject of a notification;

whether the practitioner is still registered and, if not still registered, may again seek registration in the future;

any other benefit the public may receive by having the matter referred to a responsible tribunal, including the benefit of a public decision in relation to the matter;

any other matter the Board considers relevant to the decision.

If a decision is made under this section to not refer a matter to a responsible tribunal, the National Agency must publish information about the decision in its annual report.