Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 43

When notifications are to be dealt with by the Health Services Commissioner as complaints

43. When notifications are to be dealt with by the Health Services
Commissioner as complaints



(1) If a responsible board receives a notification about a
registered health practitioner or a person who was a
registered health practitioner referred to in section 42(3), and the
notification is about a matter that-

   (a)  is set out in section 16 of the
        Health Services (Conciliation and Review) Act 1987; or

   (b)  may be the subject of a complaint under the Health Records Act 2001-

the responsible board must notify the Health Services Commissioner and give a
copy of the notification to the Health Services Commissioner as soon as
practicable after it has received the notification.

(2) The responsible board, in consultation with the Health Services
Commissioner, must determine whether or not the notification is to be dealt
with by the Commissioner or the responsible board.

(3) The Health Services (Conciliation and Review) Act 1987 applies to a
notification made under this Part which is to be dealt with by the Health
Services Commissioner under that Act as if the notification were a complaint
made under section 16 of that Act.

(4) The Health Records Act 2001 applies to a notification made under this Part
which is to be dealt with by the Health Services Commissioner under that Act
as if the notification were a complaint made under section 45(1) of that Act.

(5) The responsible board must not deal further with a notification made under
this Part that is to be dealt with by the Health Services Commissioner unless
the Health Services Commissioner refers the matter back to the responsible
board under section 19(6) of the
Health Services (Conciliation and Review) Act 1987 or section 52 of the
Health Records Act 2001.

(6) If a notification has been referred to and is being dealt with by the
Health Services Commissioner, the Commissioner must advise the responsible
board, when the matter is completed, of the outcome of the matter.

(7) This section does not apply in relation to a request made by a health
practitioner about his or her ability to practise under section 38(1)(a).