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HEALTH PRACTITIONER REGULATION NATIONAL LAW (NSW) - SECT 243
Conduct may constitute offence and be subject of disciplinary proceedings
243 Conduct may constitute offence and be subject of disciplinary proceedings
(1) If a person's behaviour constitutes an offence against this Law or another
Act and constitutes professional misconduct, unsatisfactory professional
performance or unprofessional conduct under this Law-- (a) the fact that
proceedings for an offence have been taken in relation to the behaviour does
not prevent proceedings being taken before an adjudication body under this Law
for the same behaviour; and
(b) the fact that proceedings have been taken
before an adjudication body under this Law in relation to the conduct does not
prevent proceedings for an offence being taken for the same behaviour.
(2) If
a person's behaviour may be dealt with by a health complaints entity under the
law of a participating jurisdiction and constitutes professional misconduct,
unsatisfactory professional performance or unprofessional conduct under this
Law-- (a) the fact that the behaviour has been dealt with by the health
complaints entity does not prevent proceedings being taken before an
adjudication body under this Law for the same behaviour; and
(b) the fact
that proceedings have been taken before an adjudication body under this Law in
relation to the behaviour does not prevent action being taken by the health
complaints entity under the law of the participating jurisdiction for the same
behaviour.
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