150Relationship with health complaints entity

150 Relationship with health complaints entity (1) If a National Board receives a complaint, the board must, as soon as practicable after its receipt— (a) notify the health complaints entity that the Board has received the notification; and (b) give to the health complaints entity— (i) a copy of the notification or, if the notification was not made in writing, a copy of the National Agency’s record of the details of the notification; and (ii) any other information the Board has that is relevant to the notification. (2) If a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt— (a) notify the National Board established for the practitioner’s health profession that the health complaints entity has received the complaint; and (b) give to the National Board— (i) a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity’s record of the details of the complaint; and (ii) any other information the health complaints entity has that is relevant to the complaint.

(3) The National Board and the health complaints entity must attempt to reach agreement about how the notification or complaint is to be dealt with, including— (a) whether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and (b) if the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take. (4) If the National Board and the health complaints entity are not able to reach agreement on how the notification or complaint, or part of the notification or complaint, is to be dealt with, the most serious action proposed by either must be taken. (4A) The action that may be taken in relation to a notification or complaint, or part of a notification or complaint, from most serious to least serious, is as follows: (a) deal with the notification or complaint, or part, under part 8, division 7 (Immediate action); (aa) deal with the notification or complaint, or part, under part 8, division 7A (Interim prohibition orders); (b) refer the notification or complaint, or part, to the responsible tribunal under part 8, division 12 (Referring matter to responsible tribunals); (c) refer the notification or complaint, or part, to the health complaints entity to be considered under the Human Rights Commission Act 2005; (ca) refer the notification or complaint, or part, to another entity under section 150A (Referral to other entities); (d) investigate the notification or complaint, or part, under part 8, division 8 (Investigations);

(e) deal with the notification or complaint, or part, as a professional standards matter under part 8, division 11 (Panels); (f) deal with the notification or complaint, or part, as a health matter under part 8, division 11 (Panels); (g) take action under part 8, division 10 (Action by National Board); (h) decide to take no further action in relation to the notification, complaint, or part, in accordance with section 151 (When National Board may decide to take no further action). (5) If an investigation or other action, other than conciliation, taken by a health complaints entity raises issues about the health, conduct or performance of a registered health practitioner, the health complaints entity must give the National Board established for the practitioner’s health profession written notice of the issues. (5A) If a notification or complaint is referred to the health complaints entity for consideration under subsection (4A) (c), the health complaints entity must report the results of the consideration to the National Board as soon as practicable. (6) If a notification, or part of a notification, received by a National Board is referred to a health complaints entity, the Board may decide to take no further action in relation to the notification or the part of the notification until the entity gives the Board written notice that the entity has finished dealing with it. (7) If a National Board or an adjudication body takes health, conduct or performance action in relation to a registered health practitioner, the Board established for the practitioner’s health profession must give written notice of the action to the health complaints entity for the participating jurisdiction in which the behaviour that provided the basis for the action occurred. (8) A written notice under subsection (5) or (7) must include— (a) sufficient particulars to identify the registered health practitioner; and