NSW Restrictions on the Use of Expert Reports in Health Practitioner Proceedings

Health Practitioner Legislation Amendment Bill 2024

4 Jun 2024: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

health practitioner regulation healthcare standards medical complaints practitioner registration professional misconduct

Introduced by: The Hon Courtney Houssos MLC (ALP); The Hon Ryan Park MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Expert reports cannot be used in court or tribunal proceedings; they are only for health care complaint or disciplinary hearings.
Experts and the Commission cannot be forced to give evidence about these reports in other courts.
People who would have been suspended from a health profession cannot reapply for registration until that suspension period ends.
Written reasons for Council decisions are not admissible in civil or criminal courts.
Assessors can force people to answer questions or hand over records for performance assessments.
Fines apply to people who refuse to provide information to an assessor without a reasonable excuse.
Complainants can withdraw their complaints at any time via written or oral notice.
The Commission can hire experts for reports; it must ensure the expert has no financial link to the practitioner.

The Debate

What different members said when this bill was debated:

The Hon. BRONNIE TAYLOR

“On behalf of the Opposition, I support the Health Practitioner Legislation Amendment Bill 2024. The bill will amend the Health Care Complaints Act 1993 and the Health Practitioner Regulation (Adoption of National Law) Act 2009, which together provide the regulatory framework for complaint resolution in the NSW Health system.”

Official source →

Amanda Cohn GRN

“As The Greens’ spokesperson for health, including mental health, I indicate that The Greens support the Health Practitioner Legislation Amendment Bill 2024.”

Official source →

Mark Buttigieg ALP

“The bill will make miscellaneous amendments to the Health Care Complaints Act.”

Official source →

News articles and press releases

Health Practitioner Legislation Amendment Bill 2024

Dr MICHAEL HOLLAND, Member for Bega — 2024-03-19

Schedule 1 makes amendments to the Health Care Complaints Act. Currently section 14 of the Health Care Complaints Act prevents a health professional council from taking action in relation to a complaint that is being investigated or dealt with by the Health Care Complaints Commission. However, a council may still exercise its powers under the national law to do anything to protect the life or the physical or mental health of any person. The words "to do anything to protect the life or physical or mental health of any person" mirror the wording used under section 66 of the repealed Medical Practice Act 1992. That provision allowed a council to take immediate action to suspend or impose conditions on a practitioner’s registration if necessary to protect the life or physical or mental health of any person.