37GNotice to show cause why disciplinary action should not be taken

#### 37G Notice to show cause why disciplinary action should not be taken 37G Notice to show cause why disciplinary action should not be taken > > (1) If the Authority believes a ground to take disciplinary action against an attending medical practitioner exists, the Authority must give the attending medical practitioner written notice (a show cause notice) that states the following— > > > > > (a) the attending medical practitioner’s name, > > > > > (b) the disciplinary action the Authority proposes taking (the proposed action), > > > > > (b) details of the accreditation to which the proposed action relates, > > > > > (c) details of the ground for the proposed action, > > > > > (d) if the proposed action is a suspension of the attending medical practitioner’s accreditation—the proposed period of the suspension, > > > > > (e) that the attending medical practitioner may make written submissions to the Authority, within a stated period of not less than 14 days after the show cause notice is given to the attending medical practitioner (the submission period), about why the proposed action should not be taken, > > > > > (f) the date and time of a meeting of the Authority at which the attending medical practitioner may also attend and respond to the show cause notice, > > > > > (g) that the attending medical practitioner may be represented at the meeting by a legal representative or other person, > > > > > (h) that it is an offence to give false or misleading information in response to the show cause notice. > > > (2) The Authority must ensure the show cause notice does not, in stating the ground on which disciplinary action is proposed to be taken or otherwise, disclose the existence or content of any criminal intelligence report or other criminal information without the approval of the Commissioner of Police. > > > (3) The attending medical practitioner may respond to the notice— > > > > > (a) in writing to the Authority, or > > > > > (b) at the meeting of the Authority stated in the notice, or > > > > > (c) in both ways. > > > (4) After the end of the submission period, the Authority must decide whether or not to take disciplinary action against the attending medical practitioner. > > > (5) In deciding whether to take disciplinary action, the Authority must consider any response given by the attending medical practitioner to the show cause notice— > > > > > (a) within the submission period, or > > > > > (b) at the meeting of the Authority stated in the notice. > > **s 37G:** Ins 2024 No 16, Sch 1\[43\].