When do councils enforce immediate action?
Section 150 of the Health Practitioner Regulation National Law (NSW) gives a council the power to suspend or impose conditions on the practitioner’s registration as a temporary measure. A council must take immediate action if they decide that it is appropriate to protect the health and safety of any person or it is in the public interest.
When considering action under section 150, a council will review relevant information. This includes complaints, practitioner response and other information provided at the proceedings. After considering all information, a council may decide that immediate action is not appropriate, or a council may:
- suspend the practitioner’s registration
- impose conditions on the practitioner’s registration
- alter existing conditions
The practitioner must comply immediately with any suspension or conditions imposed, even if they intend to request a review or to appeal the decision.
After proceedings, the Council or Health Care Complaints Commission will continue to manage the complaint. Any conditions or suspension will stay in place until the complaint is resolved or the Council removes them because they believe the public is no longer at risk or it is not in the public interest.