Western Australian Consolidated Acts

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HEALTH SERVICES (CONCILIATION AND REVIEW) ACT 1995 - SECT 46

46 .         Investigation of complaints referred to a registration board

        (1)         The Director must not investigate a complaint which the Director has referred to a registration board under section 31 or 43(3) unless — 

            (a)         the board asks the Director to continue dealing with the matter;

            (b)         the Minister approves of the Director continuing to do so; or

            (c)         the Director considers he or she should do so for the purpose of facilitating the Director’s participation in any further proceeding relating to the matter.

        (2)         The Minister is not to give an approval under subsection (1)(b) unless — 

            (a)         the Minister is satisfied that — 

                  (i)         the acts or omissions of the provider to which the complaint relates may constitute a threat to public safety; or

                  (ii)         there is a need for an investigation that is wider than the jurisdiction of the board in question would allow;

                or

            (b)         the Minister considers that the board has not dealt with the matter as expeditiously as it should have.

        [Section 46 amended by No. 55 of 2004 s. 495.]



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