NSWIn ForceAct
Health Care Complaints Act 1993
39What action is taken after an investigation?
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#### 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—
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> > > (a) refer the complaint to the Director of Proceedings,
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> > > (b) (Repealed)
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> > > (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)](/view/html/inforce/current/act-2009-86a), such as the referral of the health practitioner for performance assessment or impairment assessment,
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> > > (d) make comments to the health practitioner on the matter the subject of the complaint,
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> > > (e) terminate the matter,
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> > > (f) refer the matter the subject of the complaint to the Director of Public Prosecutions,
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> > > (g) take action under section 41A.
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> > (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.
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> > (2) The Commission must consult with the appropriate professional council, if any, before deciding what action to take.
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> > (3) (Repealed)
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> **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\[6\].