Victorian Numbered Acts

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WORKPLACE INJURY REHABILITATION AND COMPENSATION ACT 2013 (NO. 67 OF 2013) - SECT 571

Findings of relevant bodies

    (1)     This section applies if the Authority is concerned about the adequacy, appropriateness or frequency of any professional service provided by a person.

    (2)     If a relevant body finds or considers on reasonable grounds, in relation to a person who provides a professional service—

        (a)     that the person has, whether by act or omission, engaged in unprofessional conduct or professional misconduct; or

        (b)     that the ability of the person to practise is affected because of the person's physical or mental health or the person's incapacity; or

        (c)     that the person is not of good character or is otherwise not a fit and proper person—

the Authority may, subject to section 572, by notice in writing to that person, make either or both of the following determinations

        (d)     if the Authority determined under section 570(2) to suspend payment of costs of relevant services provided by a person, a determination that those costs are not payable by the Authority or a self-insurer;

        (e)     a determination that the person is a person for the provision of whose professional services the Authority or a self-insurer is not liable to pay costs as compensation under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 , being professional services provided to a worker after the determination is made and during a period specified in the determination.

    (3)     If the Authority makes a determination under subsection (2)—

        (a)     the Authority must give a copy of the determination to each self-insurer; and

        (b)     the Authority or a self-insurer is not liable to pay the costs of the professional services provided after the day on which the notice of the determination was given or, in the case of a self-insurer, after a copy of the determination was given to the self-insurer.

    (4)     In this section, "relevant body" means the following—

        (a)     a National Board within the meaning of the Health Practitioner Regulation National Law;

        (b)     the Authority, Committee, Director or Panel within the meaning of section 81 of the Health Insurance Act 1973 of the Commonwealth;

        (c)     a body responsible for regulating conduct of persons in the trade or profession of a person providing professional services;

        (d)     Medicare Australia;

        (e)     a court or tribunal.



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