90CCriteria relevant to determinations of Director of Proceedings

#### 90C Criteria relevant to determinations of Director of Proceedings 90C Criteria relevant to determinations of Director of Proceedings > > (1) The Director of Proceedings is to take into account the following matters when making a determination as to whether or not a complaint should be prosecuted before a disciplinary body— > > > > > (a) the protection of the health and safety of the public, > > > > > (b) the seriousness of the alleged conduct the subject of the complaint, > > > > > (c) the likelihood of proving the alleged conduct, > > > > > (d) any submissions made under section 40 by the health practitioner concerned. > > > (1A) When determining whether a complaint should be prosecuted by the Commission before a disciplinary body, the Director of Proceedings is to consider making a determination with respect to any associated complaint that has been referred to the Director of Proceedings (other than an associated complaint that is a complaint that has been discontinued or terminated and not reopened) so that the complaints are prosecuted concurrently. > > > (2) For the purpose of enabling the Director of Proceedings to fulfil the Director’s functions under this section in relation to a complaint referred to the Director, the Commission is to provide the Director with any submissions received under section 40 in relation to the complaint. > > **s 90C:** Ins 2004 No 98, Sch 3 \[5\]. Am 2008 No 27, Sch 2 \[8\].