HEALTH CARE COMPLAINTS ACT 1993 - SECT 40
Opportunity for persons investigated to make submissions
HEALTH CARE COMPLAINTS ACT 1993 - SECT 40
Opportunity for persons investigated to make submissions
40 Opportunity for persons investigated to make submissions
(1) If, at the
end of the investigation of a complaint against a health practitioner, the
Commission proposes to do any of the things referred to in section 39 (1) (a),
(c), (d) or (g), it must first inform the health practitioner of the substance
of the grounds for its proposed action and give the health practitioner an
opportunity to make submissions.
(2) Any such submission must be made in
writing within 28 days after the health practitioner is so informed.
(3) The
Commission is not required by this section to inform a health practitioner of
the substance of the grounds for its proposed action if--
(a) the grounds
relate to the sufficiency of the physical or mental capacity of the
practitioner to practise as a health practitioner under the impairment
provisions of the Health Practitioner Regulation National Law (NSW) , and
(b)
the practitioner has been notified by the appropriate professional council of
action to be taken pursuant to those provisions.
Note : Section 40 (3) will
ensure that professional councils can act to deal with impaired practitioners
pursuant to any powers they may have under the Health Practitioner Regulation
National Law (NSW) , without awaiting advice from the Commission.
