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MEDICAL PRACTITIONERS ACT 1983 - SECT 54

This legislation has been repealed.

MEDICAL PRACTITIONERS ACT 1983 - SECT 54

54—Inquiries by the Board in relation to unprofessional conduct

        (1)         A complaint alleging unprofessional conduct on the part of a medical practitioner may be laid before the Board by—

            (a)         the Registrar; or

            (b)         the Minister; or

            (c)         The South Australian Branch of the Australian Medical Association Incorporated; or

            (d)         a person who is aggrieved by conduct of the medical practitioner or, where that person is a child or is suffering from a mental or physical incapacity, by a person acting on his behalf.

        (2)         Where a complaint has been laid before the Board under this section, the Board must inquire into the subject matter of the complaint unless the Board

            (a)         considers that the complaint is frivolous or vexatious; or

            (b)         lays a complaint before the Tribunal relating to matters the subject of, or arising out of, the complaint laid before the Board.

        (3)         Where a complaint has been laid under this section by or on behalf of an aggrieved person and the Board is satisfied that the complaint was laid by reason of a misapprehension on the part of the complainant or of a misunderstanding between the parties, it may, before proceeding further with the hearing of the complaint, require the parties to attend before the Registrar in order to clarify the misapprehension or misunderstanding.

        (4)         Where, in the course of conducting an inquiry under this section, the Board considers that the allegations or evidence against the medical practitioner are sufficiently serious, it may terminate the proceedings under this section and itself lay a complaint against the medical practitioner before the Tribunal in relation to those allegations or that evidence.

        (5)         If, after conducting an inquiry under this section, the Board is satisfied that the matters alleged in the complaint have been established, it may reprimand the medical practitioner.