Common use of The Criteria Clause in Contracts

The Criteria. Criterion 1: It is appropriate for Health Ministers to exercise responsibility for regulating the occupation in question, or does the occupation more appropriately fall within the domain of another Ministry? Criterion 2: Do the activities of the occupation pose a significant risk of harm to the health and safety of the public? The following should be considered when assessing whether there is significant risk of harm to the health and safety of the public: • the nature and severity of the risk to the client group; • the nature and severity of the risk to the wider public; and • the nature and severity of the risk to the practitioner. Areas which could be explored to identify a risk to public health and safety are: • to what extent does the practice of the occupation involve the use of equipment, materials or processes which could cause a serious threat to public health and safety; • to what extent may the failure of a practitioner to practice in particular ways (that is, follow certain procedures, observe certain standards, or attend to certain matters), result in a serious threat to public health and safety; • are intrusive techniques used in the practice of the occupation, which can cause a serious, or life threatening danger; • to what extent are certain substances used in the practice of the occupation, with particular emphasis on pharmacological compounds, dangerous chemicals or radioactive substances; and • is there significant potential for practitioners to cause damage to the environment or to cause substantial public health and safety risk. Epidemiological or other data, (for example, coroners’ cases, trend analysis, complaints), will be the basis for determining the demonstration of risk/harm.

The Criteria. Criterion 1: 1:‌ It is appropriate for Health Ministers to exercise responsibility for regulating the occupation in question, or does the occupation more appropriately fall within the domain of another Ministry? Criterion 2: Do the activities of the occupation pose a significant risk of harm to the health and safety of the public? The following should be considered when assessing whether there is significant risk of harm to the health and safety of the public: • the nature and severity of the risk to the client group; • the nature and severity of the risk to the wider public; and • the nature and severity of the risk to the practitioner. Areas which could be explored to identify a risk to public health and safety are: • to what extent does the practice of the occupation involve the use of equipment, materials or processes which could cause a serious threat to public health and safety; • to what extent may the failure of a practitioner to practice in particular ways (that is, follow certain procedures, observe certain standards, or attend to certain matters), result in a serious threat to public health and safety; • are intrusive techniques used in the practice of the occupation, which can cause a serious, or life threatening danger; • to what extent are certain substances used in the practice of the occupation, with particular emphasis on pharmacological compounds, dangerous chemicals or radioactive substances; and • is there significant potential for practitioners to cause damage to the environment or to cause substantial public health and safety risk. Epidemiological or other data, (for example, coroners’ cases, trend analysis, complaints), will be the basis for determining the demonstration of risk/harm.