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:  

Health Pathway

Performance Pathway

Conduct Pathway