HEALTH CARE COMPLAINTS ACT 1993 - SECT 90B Functions of Director of Proceedings

HEALTH CARE COMPLAINTS ACT 1993 - SECT 90B

90B Functions of Director of Proceedings

(1) The following functions of the Commission are to be exercised only by the Director of Proceedings in relation to any complaint referred to the Director by the Commission--

(a) to determine whether the complaint should be prosecuted before a disciplinary body and, if so, whether it should be prosecuted by the Commission or referred to another person or body for prosecution,

(a1) if the Director determines that the complaint should be prosecuted before a disciplinary body by the Commission, to prosecute the complaint before the disciplinary body,

(b) to intervene in any proceedings that may be taken before a disciplinary body in relation to the complaint.

(2) In addition, the Director of Proceedings has any other functions conferred or imposed on the Director by or under this or any other Act.

(2A) Without limiting subsection (2), the Director of Proceedings may exercise any other functions conferred or imposed on the Commission by another Act and delegated to the Director under section 84.

(3) The Director of Proceedings--

(a) may at any time consult with a professional council in relation to the exercise of any of the Director's functions, and

(b) must consult with the appropriate professional council (if any) before determining whether or not a complaint should be prosecuted before a disciplinary body.

(3A) If the Director determines that a complaint should not be prosecuted before a disciplinary body, the Director may refer the complaint back to the Commission for action to be taken under section 39 (1) (c)-(g).

(3B) The Director may refer a complaint back to the Commission for further investigation under Division 5 of Part 2 if the Director--

(a) is unable to determine whether the complaint should be prosecuted before a disciplinary body, or

(b) is of the opinion that further evidence is required to enable the Director to prosecute the complaint before the disciplinary body.

(3C) If a complaint has been referred to the Commission for further investigation under subsection (3B), sections 39 (2) and 40 apply in relation to the complaint only if the Commission, at the end of the further investigation of the complaint, proposes to take any of the following action--

(a) change the person whose conduct appears to be the subject of the complaint or include another person as a person whose conduct appears to be the subject of the complaint,

(b) add to, substitute, amend or delete any of the specific allegations comprising the complaint (including add an allegation arising out of an investigation of the complaint that may not be the particular object of the complaint).

(4) The exercise by the Director of Proceedings of any function referred to in subsection (1) is taken to be the exercise of that function by the Commission.

(5) While holding the office of Director of Proceedings, a person is not to exercise any function of the Commission other than a function referred to in subsection (1) or (2A).