Health Practitioners Applications

By the Health Practitioner Regulation National Law (Tasmania) Act 2010 , Tasmania became part of a National scheme providing for the regulation of prescribed health professionals who are:

• Chiropractic
• Dental (including dentists, dental therapists, dental hygienists, dental prosthetists and oral health therapists)
• Medical
• Nursing and midwifery
• Optometry
• Osteopathy
• Pharmacy
• Physiotherapy
• Podiatry
• Psychology
• Aboriginal & Torres Strait Islander Health Practice
• Chinese Medicine
• Medical Radiation
• Occupational Therapy

National Boards are established for each of these health professions and in some occasions local committees are established in each State with the delegated authority from the National Board.  The Boards have the primary role (amongst others) to:

• Register suitably qualified and competent persons within that health profession.
• Decide the requirements of registration.
• Develop approved standards, codes and guidelines for that health profession.
• Establish panels to conduct hearings about health, performance and professional standards of members.
• Refer matters about health practitioners to a responsible Tribunal (TASCAT).

Boards or the delegated local committee may take action in respect of a health profession for any of the following:

• Performance management (competence);
• Health management (impairment); or
• Conduct (discipline).

There is also the ability for a health professional affected by a decision of a Board in respect of his or her registration or a decision by a Board to take health, conduct or performance action against a health professional to appeal to the Tribunal.

An applicant may (if the Tribunal gives leave to do so) withdraw an application.

An applicant who withdraws an application may not make a further application in relation to the same matter except with the leave of the Tribunal.

If the Tribunal gives leave to withdraw an application, it may make an order for costs against the applicant.

Conduct of Hearings

A person appearing before the Tribunal cannot refuse to answer a question on the grounds that it might incriminate them but if such a claim is made before answering a question that answer is not admissible in any criminal proceedings against that witness, save for those relating to the falsity of that answer (see section 46 of the Health Practitioners Tribunal Act 2010).

Evidence at a Hearing

The Tribunal must allow a party to proceeding a reasonable opportunity to call or give evidence, examine, cross-examine or re-examine witnesses and to make submissions to the Tribunal.

The Tribunal may refuse to allow a party to proceedings to call evidence on a matter if the Tribunal considers there is already sufficient evidence of that matter before the Tribunal.

Evidence may be given orally or in writing and if the Tribunal requires must be given by oath or by affidavit.

Section 43 of the Health Practitioners Tribunal Act 2010 - Evidence

The Tribunal may, as it thinks fit, publish in the manner it thinks fit, or refuse to publish, a decision of the Tribunal in respect of proceedings under the Act.

Section 51 of the Health Practitioners Tribunal Act 2010 - Publication of decisions of Tribunal

Published Health Practitioner Stream decisions

Decisions of Health Practitioners Tribunal pre-November 2021