Part 2Regulation of health professions and health and social care workforce

Amendments of Part 3 of Health Act 1999

I1112Standard of proof in fitness to practise proceedings

After section 60 of the 1999 Act insert—

60AStandard of proof in fitness to practise proceedings

1

The standard of proof applicable to any proceedings to which this subsection applies is that applicable to civil proceedings.

2

Subsection (1) applies to any proceedings before—

a

the Office of the Health Professions Adjudicator, or

b

a committee of a regulatory body, a regulatory body itself or any officer of a regulatory body,

which relate to a person's fitness to practise a profession to which section 60(2) applies.

3

In subsection (2) “regulatory body” means the body (or main body) responsible for the regulation of a profession to which section 60(2) applies.

4

An Order in Council under section 60 may not—

a

amend this section, or

b

make any provision that is inconsistent with subsection (1).