Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 60

Review of matter after decision

60. Review of matter after decision



(1) A notifier may apply to the responsible board to establish an
investigation review panel to review a decision of the responsible board if-

   (a)  the responsible board has determined under section 45(1)(b) or (c) not
        to conduct an investigation; or

   (b)  the responsible board has decided under section 59(2) to take no
        further action after an investigation; or

   (c)  the responsible board after the investigation of a matter has decided
        to refer the matter to a professional standards panel.

(2) The notifier must apply for the review within 28 days after the date on
which the responsible board gives notice of the decision and any reasons to
the notifier.

(3) The investigation review panel must commence a review as soon as
practicable after the responsible board receives an application from a
notifier.

(4) The investigation review panel has and may exercise all the powers of an
investigator during the course of a review.

(5) After completing a review of a decision, the investigation review panel
may-

   (a)  affirm a decision of the responsible board;

   (b)  refer the matter to the board with a request for an investigation;

   (c)  refer the matter back to the board or the investigator for further
        investigation;

   (d)  in the case of the review of a decision to take no further action, do
        anything mentioned in section 59;

   (e)  in the case of the review of a decision to refer the matter to a
        professional standards panel rather than VCAT, request the responsible
        board to refer the matter to VCAT for a Tribunal hearing.

(6) The investigation review panel must give the notifier and the practitioner
or student being investigated written notice of the review of a decision at
least 21 days before the review is due to commence.

Division 6-Hearings by professional standards panels