Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 59

Powers of board after investigation completed

59. Powers of board after investigation completed



(1) After an investigation is completed under this Part, the investigator must
report on the investigation to the responsible board together with any
recommendations of the investigator to the board.

(2) After an investigation is completed under this Division and the
investigator has made a report to the board, the responsible board may-

   (a)  refer the matter or part of the matter to the Health Services
        Commissioner;

   (b)  arrange to have the matter or part of the matter settled by agreement
        between the board and the health practitioner or student and any
        notifier;

   (c)  arrange to have the matter settled by agreement between the board and
        the health practitioner or student;

   (d)  by agreement with the health practitioner or student and on surrender
        of their registration, cancel their registration;

   (e)  refer the matter to a health panel;

   (f)  refer the matter to a professional standards panel;

   (g)  in the case of a health practitioner, refer the matter to VCAT for a
        Tribunal hearing;

   (h)  in the case of a matter relating to the suitability of a student to
        undertake clinical training because the student has been charged with
        an indictable offence or been convicted or found guilty of such an
        offence, refer the matter to VCAT for a Tribunal hearing;

        (i)    if the matter raises issues which in the board's opinion
               require investigation by another person, organisation or
               agency, refer the matter to that person, organisation or
               agency;

   (j)  take no further action.

(3) The responsible board must give to the health practitioner or student who
was the subject of the investigation and the notifier-

   (a)  notice of a decision made under subsection (2) within 7 days after
        making the decision; and

   (b)  in the case of a decision to take no further action or to refer the
        matter to a professional standards panel, the reasons for the decision
        and the rights of review under this Part.

(4) Without limiting subsection (2)(c), the responsible board may enter into
an agreement with a health practitioner or student to-

   (a)  in the case of a health practitioner, alter the way in which he or she
        practises as a health practitioner;

   (b)  in the case of a student, alter the way in which he or she undertakes
        clinical training;

   (c)  impose conditions on his or her registration or any endorsement of
        registration;

   (d)  suspend his or her registration for the period of time specified by
        the responsible board;

   (e)  undergo a health assessment or further health assessment;

   (f)  undergo counselling;

   (g)  undertake and complete specified further education or training within
        a specified period.

(5) The responsible board may take any action that is necessary to implement
an agreement under this section.