66Powers of
Tribunal
(1)
The Tribunal may exercise any power that the
Board can exercise under this Division.
(2)
The Tribunal may by order suspend a
person’s registration for a specified period or direct that a
person’s registration be cancelled if the Tribunal is satisfied (when it
finds on a complaint about the person):
(a)
that the person is not competent to practise
pharmacy, or
(b)
that the person is guilty of professional
misconduct, or
(c)
that the person has been convicted of or made the
subject of a criminal finding for an offence, either in or outside New South
Wales, and the circumstances of the offence are such as to render the person
unfit in the public interest to practise pharmacy, or
(d)
that the person is not of good
character.
(3)
An order that a person’s registration be
cancelled is an order that the person’s name be removed from the
Register or (if the person has already ceased to be registered) that the
person not be re-registered.
(3A)
If the Tribunal makes an order under subsection
(2) in respect of a person and it is satisfied that the person poses a
substantial risk to the health of members of the public, it may by order (a
prohibition order) do any one or
more of the following:
(a)
prohibit the person from providing health
services or specified health services for the period specified in the order or
permanently,
(b)
place such conditions as the Tribunal thinks
appropriate on the provision of health services or specified health services
by the person for the period specified in the order or
permanently.
Note—
Section 10AK (1) of the Public
Health Act 1991 provides that it is an offence for a
person to provide a health service in contravention of a prohibition
order.
(3B)
If the Tribunal is aware that a person in respect
of whom it is proposing to make a prohibition order is registered under a
health registration Act other than this Act, the Tribunal is, before making
the prohibition order, to notify the board constituted under that other Act of
the proposed order and give that board an opportunity to make a
submission.
(4)
An order may also provide that an application for
review of the order under Division 3 of Part 6 may not be made until after a
specified time.
s 66: Am 2006 No 124,
Sch 3.10 [2].