Health Practitioners Competence Assurance Act 2003

7: Miscellaneous provisions, consequential amendments and repeals, and transitional provisions

218 Charges about conduct before commencement of this section




    218 Charges about conduct before commencement of this section

  (1)  The Tribunal may consider a charge against a health practitioner or a
former health practitioner in respect of conduct alleged to have occurred
before the commencement of this
section, but only if the Tribunal is satisfied that,---

      (a)  at the time of the occurrence of the conduct, the health
practitioner or former health practitioner was registered under a former
registration Act and
could have been charged under that Act in respect of that conduct; and

      (b)  the health practitioner or former health practitioner has not been
charged under a former registration Act in respect of that conduct.

  (2)  If, after conducting a hearing on a charge of the kind referred to in
subsection (1), the Tribunal finds the health practitioner or former health
practitioner guilty of a disciplinary offence under section 100 in respect of
conduct that occurred before the commencement of this
section, the Tribunal may not impose on that person, in respect of that
conduct, any order in the nature of a penalty that could not have been made
against that person at the time when the conduct occurred.

  (3)  In this section and in  sections 216 and 217, former health practitioner
includes a
person who was registered under a former registration Act and who would have
been deemed to have been registered with an authority had the person still been
registered under that former registration Act on the commencement of the
relevant section of this subpart.

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