New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 40

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 a health registration Act, and

(b) the practitioner has been notified by the appropriate registration authority of action to be taken pursuant to those provisions.

Note: Section 40 (3) will ensure that registration authorities can act to deal with impaired practitioners pursuant to any powers they may have under their respective health registration Acts, without awaiting advice from the Commission. The Medical Practice Act 1992 and the Nurses and Midwives Act 1991 contain such provisions.