39What action is taken after an investigation?

39 What action is taken after an investigation?

39 What action is taken after an investigation?

(1) At the end of the investigation of a complaint against a health practitioner, the Commission must do one or more of the following—

(a) refer the complaint to the Director of Proceedings,

(b) (Repealed)

(c) refer the complaint to the appropriate professional council (if any) for consideration of the taking of action under the Health Practitioner Regulation National Law (NSW), such as the referral of the health practitioner for performance assessment or impairment assessment,

(d) make comments to the health practitioner on the matter the subject of the complaint,

(e) terminate the matter,

(f) refer the matter the subject of the complaint to the Director of Public Prosecutions,

(g) take action under section 41A.

(1A) The Commission is not required to take action under this section if it reviews its assessment of the complaint and takes action under section 20A.

(2) The Commission must consult with the appropriate professional council, if any, before deciding what action to take.

(3) (Repealed)

s 39: Am 2004 No 98, Schs 1 [33] [34], 3 [2]; 2006 No 124, Sch 2 [9] [10]; 2010 No 34, Sch 2.22 [8] [16]; 2024 No 26, Sch 1[6].