New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 90C

90C Criteria relevant to determinations of Director of Proceedings

(1) The Director of Proceedings is to take into account the following matters when making a determination as to whether or not a complaint should be prosecuted before a disciplinary body:

(a) the protection of the health and safety of the public,

(b) the seriousness of the alleged conduct the subject of the complaint,

(c) the likelihood of proving the alleged conduct,

(d) any submissions made under section 40 by the health practitioner concerned.

(1A) When determining whether a complaint should be prosecuted by the Commission before a disciplinary body, the Director of Proceedings is to consider making a determination with respect to any associated complaint that has been referred to the Director of Proceedings (other than an associated complaint that is a complaint that has been discontinued or terminated and not reopened) so that the complaints are prosecuted concurrently.

(2) For the purpose of enabling the Director of Proceedings to fulfil the Director’s functions under this section in relation to a complaint referred to the Director, the Commission is to provide the Director with any submissions received under section 40 in relation to the complaint.