106LFinal report of Committee

106L Final report of Committee

(1A) This section applies if the person under review has been given a notice under subsection 106KD(3) inviting submissions on changes to the draft report. (1) After the period of 1 month referred to in subsection 106KD(3), the Committee must, after taking into account any submissions made to the Committee by the person under review within that period, prepare a final report setting out: (a) if the Committee members are unanimous in their findings—those findings; or (b) if a majority of the Committee members are agreed on findings—those findings and the findings of the other Committee member or Committee members; or (c) if there are not a majority of the Committee members who are agreed on findings—the respective findings of the Committee members. (1B) The final report must not include a finding of inappropriate practice unless the finding and the reasons for the finding were included in the draft report under section 106KD. (2) If the person under review is a practitioner, the final report may, with the person’s written consent, include recommendations of the kind mentioned in subsection 106KD(2). (3) Unless subsection (5) applies, the Committee must: (a) give copies of the final report to the person under review and the Director; and (b) give the final report to the Determining Authority not earlier than 1 month after the day on which a copy of the report is given to the person under review. (4) The copy given to the person under review under paragraph (3)(a) must be accompanied by a written notice setting out the terms of paragraph (3)(b). (5) If the final report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice in the provision of some or all of the referred services: (a) the Committee must give copies of the report to: (i) the person under review; and (ii) the Director; and (iii) the Chief Executive Medicare; and (b) the copies must include, or be accompanied by, a written notice stating that: (i) the report does not contain a finding by all, or a majority, of the Committee members that the person under review engaged in inappropriate practice; and (ii) no further action will be taken as a result of the report. (6) This section applies as if a reference in this section to a practitioner included a reference to a person who has been a practitioner.