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s 196

Decision by responsible tribunal about registered health practitioner

In force
Schedule 2Health Practitioner Regulation National Law
Part 8Health, performance and conduct
Division 12Referring matter to responsible tribunals

196 Decision by responsible tribunal about registered health practitioner

(1)

After hearing a matter about a registered health practitioner, a responsible tribunal may decide—

(a)

the practitioner has no case to answer and no further action is to be taken in relation to the matter; or

(b)

one or more of the following—

(i)

the practitioner has behaved in a way that constitutes unsatisfactory professional performance;

(ii)

the practitioner has behaved in a way that constitutes unprofessional conduct;

(iii)

the practitioner has behaved in a way that constitutes professional misconduct;

(iv)

the practitioner has an impairment;

(v)

the practitioner's registration was improperly obtained because the practitioner or someone else gave the National Board established for the practitioner's health profession information or a document that was false or misleading in a material particular.

(2)

If a responsible tribunal makes a decision referred to in subsection (1)(b), the tribunal may decide to do one or more of the following—

(a)

caution or reprimand the practitioner;

(b)

impose a condition on the practitioner's registration, including, for

example—

(i)

a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or

(ii)

a condition requiring the practitioner to undertake a specified period of supervised practice; or

(iii)

a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or

(iv)

a condition requiring the practitioner to manage the practitioner's practice in a specified way; or

(v)

a condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or

(vi)

a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;

(c)

require the practitioner to pay a fine of not more than $30 000 to the

National Board that registers the practitioner;

(d)

suspend the practitioner's registration for a specified period;

(e)

cancel the practitioner's registration.

(3)

If the responsible tribunal decides to impose a condition on the practitioner's registration, the tribunal must also decide a review period for the condition.

(4)

If the tribunal decides to cancel a person's registration under this

Law or the person does not hold registration under this Law, the tribunal may also decide to do one or more of the following—

(a)

disqualify the person from applying for registration as a registered health practitioner;

(aa)

impose a period during which the person may not apply to a responsible tribunal for a reinstatement order;

(b)

prohibit the person, either permanently or for a stated period, from doing either or both of the following—

(i)

providing any health service or a specified health service;

(ii)

using any title or a specified title;

(c)

impose restrictions, either permanently or for a stated period, on the provision of any health service or a specified health service by the person.

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Section 196 — Decision by responsible tribunal about registered health practitioner — Health Practitioner Regulation National Law (South Australia) Act 2010 (South Australia) — Barrister AI