New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992 - SECT 50

50 Courses of action available to Board on a complaint

(1) The following courses of action are available to the Board in respect of a complaint made to the Board, referred to the Board by the Commission or that the Board has decided to make:

(a) the Board may refer the complaint to the Commission for investigation, a Committee or the Tribunal, as the Board thinks fit,

(b) the Board may:

(i) refer the matter to an Impaired Registrants Panel, or

(ii) refer the professional performance of the practitioner concerned for assessment under Part 5A,

(c) the Board may direct the practitioner concerned to attend counselling,

(d) the Board may refer the complaint to the Commission for conciliation or to be dealt with under Division 9 of Part 2 of the Health Care Complaints Act 1993 ,

(e) the Board may determine that no further action should be taken in respect of the complaint.

(2) Before or at the same time as it refers a complaint to a Committee or the Tribunal, the Board must refer the complaint to the Commission for investigation.

(3) The Commission must, on receipt of a complaint referred by the Board for investigation, investigate the complaint or cause it to be investigated.

(4) If the Board makes a referral under subsection (1) (b), the matter ceases to be a complaint for the purposes of this Act and the Health Care Complaints Act 1993 .

(5) Subsection (4) ceases to apply in respect of any matter that the Board subsequently deals with as a complaint.