New South Wales Consolidated Acts

MEDICAL PRACTICE ACT 1992 - SECT 66BA

66BA Special provision-performance assessment

(1) If the Commission concurs with the proposed imposition by the Board under section 66 (4) of a condition on a registered medical practitioner’s registration requiring the practitioner to take part in a performance assessment under Part 5A, the matter giving rise to the proposal:

(a) is to be dealt with by way of performance assessment under Part 5A, and

(b) may, if the Board and the Commission agree, also be dealt with by the Commission as a complaint against the practitioner.

(2) If the Commission does not concur with the imposition of such a condition, the matter giving rise to the proposal is to be dealt with by the Commission as a complaint against the practitioner.

(3) The Board may (despite any other Act or law) provide to the Commission any information obtained by the Board in connection with the exercise of functions under section 66 (including any information, copies of documents or evidence obtained under section 69B and a copy of any recording made under section 66AA) in respect of a matter to be dealt with by the Commission under this section.

(4) If a matter is to be dealt with under this section by way of performance assessment under Part 5A, it may be so dealt with despite anything to the contrary in section 86D.

(5) If a matter is to be dealt with under this section as a complaint, the Board is to refer the matter to the Commission and the matter is to be dealt with by the Commission as a complaint made to the Commission against the practitioner concerned.

(6) The Commission is to investigate the complaint or cause it to be investigated and, as soon as practicable after it has completed its investigation, refer the complaint to a Committee or the Tribunal.

(7) Section 52 (Serious complaints must be referred to Tribunal) applies in respect of any such action by the Commission.