Health Practitioner Regulation National Law (South Australia) Act 2010

This section applies if—

because of a notification or an investigation under this Law, a National

Board reasonably believes that—

because of the registered health practitioner's health, conduct or performance, the practitioner poses a serious risk to persons; and

it is necessary to give notice under this section to protect public health or safety; and

the

Board has been given practice information under section 132 or becomes aware of practice information the Board has the power to request under that section.

If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (a) of the definition of practice information in section 132(4) and includes the names of other registered health practitioners, the

Board may give the following to the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises—

written notice of the risk;

any relevant information about the registered health practitioner.

If the practice information given to the National Board, or of which the Board becomes aware, is information referred to in paragraph (b) of the definition of practice information in section 132(4), the Board, as soon as practicable after receiving or becoming aware of the information, must give the following to a named entity that has a current practice arrangement with the registered health practitioner—

written notice of the risk;

any relevant information about the registered health practitioner.

To avoid doubt, subsections (2) and (3) do not allow the Board to give health information about a patient to—

the named registered health practitioners with whom the practitioner currently shares premises and the cost of the premises; or

the named entity that has a current practice arrangement with the practitioner.

Subsections (2) and (3) do not apply if the National Board decides it is not in the public interest to give the notice.

Examples—

A

National Board may decide it is not in the public interest to give the notice because—

it would impact on an investigation into the registered health practitioner; or

it would place a notifier at risk of harassment, harm or intimidation;

or

the public interest is outweighed by the registered health practitioner's right to privacy.

Subsection (3) does not apply if the National Board has already notified the named entity about the practitioner, in relation to the same risk, under section 206 or another provision of this Law.

In this section—

health information has the same meaning as in the Privacy

Act 1988 of the Commonwealth.