Australian Capital Territory Numbered Regulations

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HEALTH PROFESSIONALS REGULATIONS 2004 (NO 41 OF 2004) - REG 115

General competence to practise

    (1)     A health profession board, in deciding whether a person is generally competent in relation to a health profession, must consider the following:

        (a)     whether the person is mentally and physically healthy enough to practise the profession;

        (b)     whether the person has an addiction to alcohol or another drug;

        (c)     whether the person has been convicted, or found guilty, in the ACT, a local jurisdiction or elsewhere of an offence that indicates that the person may not be competent to practise the profession;

        (d)     whether the person's practice experience is recent enough and sufficient to allow the person to practise the profession safely, taking into account any requirements about recency of practice included in the schedule that relates to the health profession.

    (2)     The health profession board may also consider any other relevant matter.

Examples of other relevant matters

1     whether the person has previously had his or her registration cancelled, either in the ACT or a local jurisdiction

2     the health profession tribunal has previously declared that, if the person had been registered at the time the tribunal considered the person, the tribunal would have found that the person had contravened the required standard of practice or did not satisfy the suitability to practise requirements

Note     An example is part of the regulations, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).



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