Health Practitioners Competence Assurance Act 2003

4: Complaints and discipline

101 Penalties




    101 Penalties

  (1)  In any case to which section 100 applies, the Tribunal may---

      (a)  order that the registration of the health practitioner be cancelled:

      (b)  order that the registration of the health practitioner be suspended
for a period not exceeding 3 years:

      (c)  order that the health practitioner may, after commencing practice
following the date of the order, for a period not exceeding 3 years, practise
his or her profession only in accordance with any conditions as to employment,
supervision, or otherwise that are specified in the order:

      (d)  order that the health practitioner be censured:

      (e)  subject to subsections (2) and (3), order that the health
practitioner pay a fine not exceeding $30,000:

      (f)  order that the health practitioner pay part or all of the costs and
expenses of and incidental to any or all of the following:

          (i)     any investigation made by the Health and Disability
Commissioner under the Health and Disability Commissioner Act 1994 in relation
to the subject
matter of the charge:

          (ii)    any inquiry made by a professional conduct committee in
relation to the subject matter of the charge:

          (iii)   the prosecution of the charge by the Director of Proceedings
or a professional conduct committee, as the case may be:

          (iv)    the hearing by the Tribunal.

  (2)  In dealing with a matter that constitutes an offence for which the
health practitioner has been convicted by a court, the Tribunal must not impose
a
fine.

  (3)  The Tribunal must have regard to the amount of any award of damages
against the health practitioner under section 57 of the Health and Disability
Commissioner Act 1994 in respect of the conduct concerned when
determining---

      (a)  whether to make an order that he or she pay a fine; or

      (b)  the amount of any fine.
Compare: 1995 No 95 s 110
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