Health Practitioners Competence Assurance Act 2003

3: Competence, fitness to practise, and quality assurance

34 Notification that practice below required standard of competence




                                    Part 3

           Competence, fitness to practise, and quality assurance

    34 Notification that practice below required standard of competence

  (1)  If a health practitioner (health practitioner A) has reason to believe
that another health practitioner (health practitioner
B) may pose a risk of harm to the public by practising below the
required standard of competence, health practitioner A may give the Registrar
of the authority that health practitioner B is registered with written notice
of the reasons on which that belief is based.

  (2)  If a person holding office as Health and Disability Commissioner or as
Director of Proceedings under the Health and Disability Commissioner Act 1994
has reason to believe that a health practitioner may pose a risk of harm to the
public by practising below the required standard of competence, the person must
promptly give the Registrar of the responsible authority written notice of the
circumstances on which that belief is based.

  (3)  Whenever an employee employed as a health practitioner resigns or is
dismissed from his or her employment for reasons relating to competence, the
person who employed the employee immediately before that resignation or
dismissal must promptly give the Registrar of the responsible authority written
notice of the reasons for that resignation or dismissal.

  (4) No civil or disciplinary proceedings lie against any person in respect of
a notice given under this section by that person, unless the person has acted
in bad faith.

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