New South Wales Consolidated Acts

PHARMACY PRACTICE ACT 2006 - SECT 49

49 Serious complaints must be referred to Tribunal

(1) Both the Board and the Commission are under a duty to refer a complaint to the Tribunal if at any time either forms the opinion that it may, if substantiated, provide grounds for the suspension or cancellation of the pharmacist’s registration.

(2) However, either the Board or the Commission may decide not to refer the complaint to the Tribunal if of the opinion that the allegations on which the complaint is founded (and on which any other pending complaint against the pharmacist is founded) relate solely or principally to the physical or mental capacity of the pharmacist to practise pharmacy.

(3) If the Board decides not to refer the complaint to the Tribunal, the Board must instead deal with the complaint at a meeting of the Board under Division 4. If the Commission decides not to refer the complaint to the Tribunal, the Commission must instead refer the complaint to the Board.

(4) This section does not require the Board or the Commission to refer a complaint that the Board or Commission thinks is frivolous or vexatious.