Commonwealth Consolidated Acts

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HEALTH INSURANCE ACT 1973 - SECT 106XB

Non - compliance by a practitioner with professional standards

  (1)   If, in the course of the performance of functions or the exercise of powers under this Part, a Committee or the Determining Authority forms the opinion that a person who is a practitioner has failed to comply with professional standards, the Committee or the Authority must give to the Director a written statement of its concerns, together with the material, or copies of the material, on which its opinion was based.

  (2)   If:

  (a)   in the course of or in connection with the performance of functions or the exercise of powers (whether by the Director, the Director's nominee, a Committee or the Determining Authority) under this Part   in relation to a person who is a practitioner, the Director forms the opinion that the practitioner has failed to comply with professional standards; or

  (b)   the Director receives from a Committee or from the Determining Authority a statement and material under subsection   (1);

the Director must:

  (c)   if paragraph   (a) applies--prepare a statement of his or her concerns, attach to the statement the material, or copies of the material, on which his or her opinion was based and send the statement and attached documents to the appropriate body or bodies referred to in subsection   (3); or

  (d)   if paragraph   (b) applies--send the statement and attached documents received from the Committee or Authority to the appropriate body   or bodies referred to in subsection   (3).

  (3)   The appropriate body or bodies for the purposes of paragraphs   (2)(c) and (d) are the body or bodies specified by the regulations.

  (4)   This section applies as if a reference in this section to a practitioner included a reference to a person who has been a practitioner.


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