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Health Practitioners Competence Assurance Act 2003

6: Structures and administration

147   Removal of qualifications, or cancellation of registration, overseas




    147 Removal of qualifications, or cancellation of registration, overseas

  (1)  The responsible authority may review the registration of a health
practitioner who is registered by virtue of an overseas qualification if
satisfied that---

      (a)  the educational establishment that gave him or her the overseas
qualification has cancelled or suspended it (or taken action equivalent to
cancelling or suspending it); or

      (b)  an overseas authority that maintains a register of people registered
or licensed as health professionals has, as a result of disciplinary action
taken
against the health practitioner,---

          (i)     removed his or her name from that register; or

          (ii)    suspended his or her registration; or

          (iii)   taken action equivalent to removing his or her name from that
register or suspending his or her registration.

  (2)  The authority must take all reasonably practicable steps to ensure that
the health practitioner is given---

      (a)  written notice containing sufficient detail to inform him or her
clearly of the substance of the grounds on which the authority has decided to
carry out
the review; and

      (b)  any information in the authority's possession relating to the
cancellation, suspension, or removal concerned; and

      (c)  a reasonable opportunity to make written submissions and be heard on
the matter, either personally or by his or her representative.

  (3)  Subsection (2)(b) is subject to section 154.

  (4)  Except as provided in subsection (2), the form of the review is at the
authority's discretion.

  (5)  After the review, the authority, if it thinks it appropriate to do
so,---

      (a)  may direct the Registrar to note in the register the cancellation,
suspension, or removal concerned; and

      (b)  may either---

          (i)     suspend the health practitioner's registration for any period
it thinks fit and direct the Registrar to note the suspension in the register;
or

          (ii)    direct the Registrar to cancel the entry in the register
relating to the health practitioner.

  (6)  The Registrar must take all reasonably practicable steps to ensure that
the health practitioner is given a copy of any direction under subsection
(5).

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