New South Wales Consolidated Acts

HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 126

126 Changing conditions on Board's initiative

(1) This section applies if a National Board established for a health profession reasonably believes it is necessary to change a condition imposed on--

(a) for a registered health practitioner registered in the health profession--the practitioner's registration or endorsement; or

(b) for a student registered in the health profession--the student's registration.

(2) The National Board must give the registered health practitioner or student a written notice stating--

(a) that the Board proposes to change the condition; and

(b) how the Board proposes to change the condition; and

(c) the reason for the proposed change; and

(d) that the practitioner or student may, within 30 days after receipt of the notice, make written or verbal submissions to the Board about why the condition should not be changed.

(3) However, the condition may not be changed--

(a) during a review period applying to the condition, unless the National Board reasonably believes there has been a material change in the registered health practitioner's or student's circumstances; or

(b) if the condition was imposed by an adjudication body for a co-regulatory jurisdiction, unless the adjudication body decided, when imposing the condition or at a later time, that this Subdivision applied to the condition.

(4) The registered health practitioner or student may make written or verbal submissions about the proposed change to the condition as stated in the notice.

(5) The National Board must consider any submissions made under subsection (4) and decide whether or not to change the condition.

(6) If the National Board's decision results in the registration or endorsement being subject to a condition, the Board may decide a review period for the condition.

(6A) As soon as practicable after making the decision under subsection (5), the National Board must give written notice to the registered health practitioner or student of--

(a) the decision; and

(b) if the Board has decided a review period for a condition--details of the review period.

(7) If the National Board decides to change the condition, the notice must state--

(a) the decision made by the Board; and

(b) that the registered health practitioner or student may appeal against the decision; and

(c) how an application for appeal may be made and the period within which the application must be made.