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Section 17: Disciplinary measures

Nursing Council Act

This section is inserted by Act No 12 of 2019, section 6.

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

17. Disciplinary measures (1) The Tribunal shall, pursuant to disciplinary proceedings instituted against a registered person, hear and determine the matter not later than 90 days after the start of the hearing of the proceedings, except where there is a valid reason, and with the consent of the parties. (2) The Tribunal shall, not later than 3 days after a determination under subsection (1), forward to the Council its report and a copy of its proceedings, including any record, document or article produced. (3) The Tribunal shall not, in its report, make any recommendation regarding the form of disciplinary measure. (4) Where the report is in relation to a registered person, other than a registered person in respect of whom the Council holds a delegated power, and states that the charge has been proved, the Council may, not later than 14 days after receipt of the report – (a) administer him a reprimand or a severe reprimand; (b) suspend him as a registered person for a period not exceeding 2 years; or (c) deregister him as a registered person. (5) (a) Where the report is in relation to a registered person in respect of whom the Council holds a delegated power, the Council shall submit its own report to the Public Service Commission, in accordance with regulation 46E of the Public Service Commission Regulations. Acts 2019 245 (b) Where the punishment inflicted by the Public Service Commission on a registered person, in respect of whom the Council holds a delegated power, is dismissal or retirement in the interest of the public service, the Council shall, not later than 14 days of the decision of the Public Service Commission, determine whether or not it shall suspend or deregister him as a registered person. (6) Where there is finding that the charge has not been proved against the registered person, the Council shall, not later than 14 days after receipt of the report – (a) notify the registered person, in writing, of such finding; and (b) where the Council holds a delegated power in respect of the registered person, send a copy of the notice required under paragraph (a) to the Public Service Commission.

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