Health Practitioner Regulation National Law (South Australia) Act 2010

This section applies if a National Board is satisfied that, in relation to a health practitioner whose name is recorded in a National

Register or Specialists Register kept by the Board—

a responsible tribunal decided, on or after the participation day for the health profession, that the practitioner behaved in a way that constitutes professional misconduct; and

a basis for the tribunal's decision was that the practitioner engaged in sexual misconduct, whether occurring in connection with the practice of the practitioner's profession or not.

For the purposes of subsection (1)(b), it is immaterial that—

sexual misconduct was not the sole or main basis for the tribunal's decision; or

if the matter involved other types of conduct—the tribunal did not consider or decide whether the sexual misconduct alone constituted professional misconduct.

Note—

See paragraph (b) of the definition of professional misconduct, which provides that professional misconduct may include more than one instance of unprofessional conduct in particular circumstances.

The

National Board may be satisfied for the purposes of subregulation (1)(b)—

by necessary inference, taking into account the tribunal's decision and the reasons for the decision; and

regardless of whether or not the tribunal's reasons for the decision expressly provide that sexual misconduct was a basis for the decision.

The

National Board must record the information (the additional information) mentioned in section 225B in the National Register or Specialists Register.

However, the additional information must not be recorded in the National

Register or Specialists Register, or must be removed from the register, if, on appeal, the responsible tribunal's decision regarding professional misconduct is—

stayed or overturned; or

modified to the extent it is no longer a decision to which this section applies.

Also, if recording the additional information in the National Register or

Specialists Register would contravene an order of a court or tribunal, the National Board must not include, or must remove, the additional information to the extent the recording of the information in the register would contravene the order.

Section 226(1) and (2) apply to the requirement to record information under this section.

The additional information must remain on the National Register or

Specialists Register permanently, unless otherwise authorised to be removed by this Law.

To the extent of any inconsistency between the requirements of this section and section 225B (the relevant sections) and section 232(2), the relevant sections prevail.