Queensland Consolidated Acts Queensland Consolidated Acts(1) This section applies if a registrant's board receives a complaint about the registrant from a user of a service provided by the registrant or an entity acting on behalf of the user.
(2) The board must refer it to the commission unless--
(a) following consultation between the board and the commission, the board and the commission agree it is in the public interest for the board to do 1 of the following--
(i) keep the complaint for investigation under the investigation part;
(ii) keep the complaint and start disciplinary proceedings under the disciplinary proceedings part;
(iii) keep the complaint and deal with it under the impairment part;
(iv) keep the complaint and deal with it under the inspection part or the health practitioner registration Act under which the board is established and, if appropriate, start proceedings to prosecute the registrant under this Act or the health practitioner registration Act;
(v) refer the complaint to another entity that has the function or power under an Act of the State, the Commonwealth or another State to deal with the matter; or
(aa) the board rejects the complaint under section 54(1AA); or
(b) the board keeps the complaint under a standing arrangement entered into between the board and the commission and deals with it in a way mentioned in paragraph (a); or
(c) the board, under the immediate suspension part, suspends, or imposes conditions on, the registrant's registration; or
(d) the complaint is about a matter that happened before 1 July 1991 and the complainant was aware of the matter before 1 July 1991.
Example for subsection (2)(b)--
A board and the commission may have a standing arrangement that all complaints about the board's registrants alleging sexual impropriety are to be kept by the board for investigation under the investigation part.
(3) If the board keeps the complaint under subsection (2)(a)(ii), the board must refer the disciplinary matter the subject of complaint under section 126 for hearing by the tribunal if the board and the commission reasonably believe the complaint may provide a ground for suspending or cancelling the registrant's registration.
(4) For subsection (2)(a)(iii), the board and the commission may agree it is in the public interest for the board to keep the complaint and take action under the impairment part only if the board and the commission reasonably believe the complaint does not provide a ground for suspending or cancelling the registrant's registration.
(5) If the board keeps a complaint and deals with it under subsection (2)(a)(i), (ii), (iii) or (iv), the board may decide to also refer the complaint to another entity under subsection (2)(a)(v).
(6) The consultation between the board and the commission may be in the form agreed between the board and the commission.
(7) As soon as practicable after agreeing not to refer a complaint to the commission under subsection (2), the board must give a copy of the complaint to the commission.
(8) If the board keeps a complaint under subsection (2)(a) or (b) for stated action, the board must take the stated action as soon as practicable.
(9) If the board is required to refer the complaint to the commission under subsection (2), the board must do so immediately.