Health Services Act 2016

The employing authority of an employee may take such disciplinary action or improvement action, or both disciplinary action and improvement action, as the employing authority considers appropriate (having regard to section 151) with respect to the employee, if —

the registration of the employee as a registered health practitioner is suspended under the Health Practitioner Regulation National Law; or

conditions are imposed on the registration of the employee as a registered health practitioner under the Health Practitioner Regulation National Law that, in the opinion of the employee’s employing authority, are inconsistent with any of the inherent requirements of the terms of employment of the employee; or

conditions are imposed on the registration of the employee as a registered health practitioner under the Health Practitioner Regulation National Law that, in the opinion of the employee’s employing authority, the health service provider in which the health practitioner is employed will be unable to accommodate for operational reasons.

An employing authority cannot take action under subsection (1) —

until all rights of appeal under the Health Practitioner Regulation National Law against the action taken under that Act have lapsed or been exhausted; or

if the employee successfully appeals under the Health Practitioner Regulation National Law against the action taken under that Act.

Despite the Sentencing Act 1995 section 11, if an employee is convicted or found guilty of a serious offence the employing authority may take such disciplinary action or improvement action, or both disciplinary action and improvement action, as the employing authority considers appropriate (having regard to section 151) with respect to the employee.

Before any disciplinary action or improvement action is taken with respect to an employee under this section, the employee must be given an opportunity to make a submission in relation to the action that the employing authority is considering taking.

A decision of an employing authority to take disciplinary action or improvement action with respect to an employee may be carried into effect at any time.