Australian Capital Territory Consolidated Acts

HEALTH ACT 1993 - SECT 69

    (1)     If the CEO of a health facility has concerns about a doctor or dentist for a health facility of sufficient seriousness to warrant the immediate amendment or withdrawal of the scope of clinical practice of the doctor or dentist, the CEO may, by notice in writing, amend or withdraw the scope of clinical practice of the doctor or dentist with immediate effect.

    (2)     The CEO may take action under subsection (1) even if a scope of clinical practice committee has not reported on, or is not currently investigating, the scope of clinical practice of the doctor or dentist.

    (3)     Any amendment or withdrawal of the scope of clinical practice of a doctor or dentist under this section has effect from the day and time the notice is given to the doctor or dentist—

        (a)     if a scope of clinical practice report is prepared under section 67 in relation to the doctor or dentist—until a decision on the scope of clinical practice report takes effect under section 71; or

        (b)     in any other case—until the CEO, by notice in writing, revokes the amendment or withdrawal.

    (4)     Subsection (5) applies if—

        (a)     the CEO amends or withdraws the scope of clinical practice of a doctor or dentist under subsection (1); and

        (b)     the scope of clinical practice of the doctor or dentist is not the subject of an investigation by a scope of clinical practice committee.

    (5)     The CEO must immediately refer the scope of clinical practice of the doctor or dentist to a scope of clinical practice committee.

    (6)     If the CEO amends or withdraws the scope of clinical practice of a doctor or dentist under subsection (1), the CEO must, in writing, notify—

        (a)     the doctor or dentist; and

        (b)     if the CEO is not the director-general—the director-general; and

        (c)     if the CEO is not the chief executive officer, Calvary—the chief executive officer, Calvary; and

        (d)     the relevant health board for the doctor or dentist; and

        (e)     the health services commissioner; and

        (f)     the CEO of any other health facility at which the doctor or dentist is engaged; and

        (g)     if a scope of clinical practice committee submitted a report about the doctor or dentist under section 68 to the CEO—the scope of clinical practice committee that submitted the report; and

        (h)     all appropriate officers under the CEO's authority or direction of the committee's decision so that proper effect can be given to the decision.

Examples—appropriate officers

              •     general manager of the health facility

              •     clinical unit director

              •     head of department at health facility

              •     immediate supervisor of doctor or dentist

              •     human resource personnel

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).