New South Wales Consolidated Acts

PHYSIOTHERAPISTS ACT 2001 - SECT 58

58 Special provisions-impairment

(1) This section applies if the Board takes action against a registered physiotherapist under section 55 because the Board is of the opinion that the physiotherapist suffers from an impairment.

(2) The Board must, as soon as practicable after taking that action and, in any event, within 7 days after taking that action, notify the Commission that it has taken that action.

(3) The Board is to consult with the Commission to see if agreement can be reached as to whether the matter should be:

(a) dealt with as a complaint against the physiotherapist, or

(b) referred to an Impaired Registrants Panel.

(4) The matter is to be dealt with as a complaint against the physiotherapist only if, following that consultation:

(a) the Board and the Commission agree that it should be dealt with as a complaint, or

(b) either the Board or the Commission is of the opinion that the matter should be dealt with as a complaint.

(5) In such a case, 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 physiotherapist 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 the Tribunal or to the Board to be dealt with by inquiry at a meeting of the Board under Division 4.

(7) Section 37 (Serious complaints must be referred to Tribunal) applies in respect of any such action by the Commission.

(8) If subsection (4) does not apply, the Board is to refer the matter to an Impaired Registrants Panel.

(9) A matter may be referred to an Impaired Registrants Panel under this section even though the physiotherapist has been suspended under section 55. Part 5 applies in respect of such a referral as if the physiotherapist were a registered physiotherapist.