13The outcomes of consultation

#### 13 The outcomes of consultation 13 The outcomes of consultation > > (1) If either the Commission or the appropriate professional council is of the opinion that a complaint (or any part of a complaint) should be investigated, it must be investigated. > > > (2) If— > > > > > (a) neither the Commission nor the appropriate professional council is of the opinion that the complaint (or part) should be investigated, but > > > > > (b) either is of the opinion that it should be referred to the professional council for consideration as to whether the professional council should take any action under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a) (such as performance assessment or impairment assessment), > > > > it must be referred to the professional council under section 25B. > > > (2A) If either the Commission or the appropriate professional council is of the opinion that an associated complaint that has been discontinued or terminated and to which regard was given during consultation— > > > > > (a) should be reopened or investigated—the complaint must be reopened and investigated in accordance with Division 5, or > > > > > (b) should be referred to the appropriate professional council for consideration as to whether the professional council should take any action under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)—the complaint must be so referred, > > > > as if it had not been discontinued or terminated. > > > (3) If— > > > > > (a) neither the Commission nor the appropriate professional council is of the opinion that the complaint (or part) should be investigated or referred to the professional council, but > > > > > (b) either is of the opinion that it should be referred for conciliation and the Registrar considers that it is appropriate for conciliation, > > > > the Commission is to refer the complaint for conciliation under Division 8. > > **s 13:** Subst 2004 No 98, Sch 1 \[6\]. Am 2008 No 27, Sch 2 \[4\]; 2010 No 34, Sch 2.22 \[8\] \[10\] \[11\].