Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 48

Notice of investigation

48. Notice of investigation



(1) An investigator appointed to investigate a matter referred to in section
42 or 47 must give notice of the investigation to the health practitioner or
student.

(2) A notice under subsection (1) must-

   (a)  be in writing; and

   (b)  be sent by post within 14 days after the responsible board's decision
        to conduct an investigation has been made; and

   (c)  advise the health practitioner or student of the nature of the matter
        to be investigated; and

   (d)  advise the health practitioner or student of the procedures that can
        be taken under this Part and Part 4.

(3) A notice under subsection (1) may also-

   (a)  in the case of an investigation into the ability of the health
        practitioner to practise as a health practitioner or of a student to
        undertake clinical training, ask the health practitioner or student to
        advise the responsible board as to whether or not he or she will agree
        to undergo a health assessment to assess his or her ability within 28
        days after receiving the notice; and

   (b)  in the case of an investigation into the professional performance of
        the health practitioner, ask the health practitioner to advise the
        responsible board as to whether or not he or she will agree to undergo
        a performance assessment within 28 days after receiving the notice.

(4) Subsection (1) does not apply if the investigator is of the opinion that
giving the notice may prejudice an investigation or place the health or safety
of a person at risk or place the notifier or another person at risk of
intimidation or harassment.