health practioner regulation national law (south australia) act

Health Practitioners Regulation National Law (South Australia) Act 2010

From 9 August 2019, SACAT will have a disciplinary jurisdiction under the Health Practitioners Regulation National Law (South Australia) Act 2010. This will allow SACAT to receive and determine disciplinary actions against health practitioners.

Under the Act SACAT is empowered to:

  • caution or reprimand the practitioner;
     
  • impose a condition on the practitioner's registration, including, for example—
     
    • a condition requiring the practitioner to complete specified further education or training, or to undergo counselling, within a specified period; or
       
    • a condition requiring the practitioner to undertake a specified period of supervised practice; or
       
    • a condition requiring the practitioner to do, or refrain from doing, something in connection with the practitioner's practice; or
       
    • a condition requiring the practitioner to manage the practitioner's practice in a specified way; or
       
    • a condition requiring the practitioner to report to a specified person at specified times about the practitioner's practice; or
       
    • a condition requiring the practitioner not to employ, engage or recommend a specified person, or class of persons;
       
  • require the practitioner to pay a fine of not more than $30 000 to the National Board that registers the practitioner;
     
  • suspend the practitioner's registration for a specified period;
     
  • cancel the practitioner's registration.
     

If SACAT decides to impose a condition on the practitioner's registration, the tribunal must also decide a review period for the condition.

If the tribunal decides to cancel a person's registration under this Law or the person does not hold registration under this Law, the tribunal may also decide to—

  • disqualify the person from applying for registration as a registered health practitioner for a specified period; or
     
  • prohibit the person, either permanently or for a stated period, from—
     
    • providing any health service or a specified health service; or
       
    • using any title or a specified title.

 Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

When applying to SACAT you must be in a position to:

  • Identify the legislative provision(s) you rely on.
  • State and describe the conduct said to justify the disciplinary findings, and identify the relevant legislative provisions relied upon.
  • Identify the facts, acts or omissions alleged to constitute the conduct that justifies the disciplinary finding.
  • Provide any supporting documents.
  • Pay any relevant application fees.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘health’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

 

If you have any further questions or you would like a staff member from SACAT to assist you in completing the application please call SACAT on 1800 723 767 (and press menu option 4, then 7).

 

Fees:

There is no fee to lodge a disciplinary complaint with the Tribunal under the Health Practitioners Regulation National Law (South Australia) Act 2010.

 

Reviews of decisions under the Health Practitioners Regulation National Law (South Australia) Act 2010

SACAT also has jurisdiction to receive and determine review of certain decisions made by national medical boards. For more information click here.

 

Relevant legislation:

Health Practitioners Regulation National Law (South Australia) Act 2010