Health, Performance and Conduct Pathways
The Council’s role and functions,
as prescribed in the Health Practitioner Regulation National Law (NSW)
(the Law) are to act in the interests of the public by ensuring that registered
practitioners are both fit to practise and to have contact with the public. The
Council is therefore described as operating within a protective, as distinct
from punitive jurisdiction. The Council manages a range of programs, services
and procedures to achieve that goal.
Section 139 (a) of the Law
provides that a person is competent to practise a health profession only if the
person has sufficient physical capacity, mental capacity, knowledge and skill,
including an adequate command of the English language and sufficient
communication skills for the practice of the profession.
Section 144 of the Law provides
the following grounds for making complaints and notifications about practitioners:
(a) the practitioner has, either in this
jurisdiction or elsewhere, been convicted of or made the subject of a criminal
finding for an offence
b) the practitioner has been guilty of
unsatisfactory professional conduct or professional misconduct
(c) the practitioner is not competent to practise
the practitioner's profession
(d) the practitioner has a health impairment, or
(e) the practitioner is otherwise not a suitable
person to hold registration in the practitioner's profession.
Section 144A of the Law provides
the following grounds for making a complaint or notification about a student:
(a) the student has, either in this jurisdiction or
elsewhere, been charged with an offence or has been convicted of or made the
subject of a criminal finding for an offence, that is punishable by 12 months
imprisonment or more
(b) the student has a health impairment, or
(c) the student has contravened a condition of
registration or an undertaking given to a National Board.
Notifications and complaints are
classified to the health, performance or conduct stream, depending on the
nature of the matter and are managed through the corresponding pathway.
Information on each pathway is accessible via the links below: