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Health Practitioner Regulation National Law Act 2009
sec.150Relationship with health complaints entity
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### sec.150 Relationship with health complaints entity
If the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt—
notify the health complaints entity that the Board has received the notification; and
give to the health complaints entity—
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
any other information the Board has that is relevant to the notification.
If a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt—
notify the National Board established for the practitioner’s health profession that the health complaints entity has received the complaint; and
give to the National Board—
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
any other information the health complaints entity has that is relevant to the complaint.
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—
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
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.
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.
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.
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.
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.
A written notice under subsection (5) or (7) must include—
sufficient particulars to identify the registered health practitioner; and
details of—
the issues raised about the health, conduct or performance of the registered health practitioner; or
the health, conduct or performance action taken in relation to the registered health practitioner.
sch s 150 amd 2017 No. 32 s 87 (1) s ch 1 pt 1
(sec.150-ssec.1) If the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt— notify the health complaints entity that the Board has received the notification; and give to the health complaints entity— 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 any other information the Board has that is relevant to the notification.
(sec.150-ssec.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— notify the National Board established for the practitioner’s health profession that the health complaints entity has received the complaint; and give to the National Board— 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 any other information the health complaints entity has that is relevant to the complaint.
(sec.150-ssec.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— 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 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.
(sec.150-ssec.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.
(sec.150-ssec.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.
(sec.150-ssec.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.
(sec.150-ssec.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.
(sec.150-ssec.8) A written notice under subsection (5) or (7) must include— sufficient particulars to identify the registered health practitioner; and details of— the issues raised about the health, conduct or performance of the registered health practitioner; or the health, conduct or performance action taken in relation to the registered health practitioner.
- (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.
- (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.
- (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.
- (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.
- (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.
- (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.
- (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.
- (a) sufficient particulars to identify the registered health practitioner; and
- (b) details of— (i) the issues raised about the health, conduct or performance of the registered health practitioner; or (ii) the health, conduct or performance action taken in relation to the registered health practitioner.
- (i) the issues raised about the health, conduct or performance of the registered health practitioner; or
- (ii) the health, conduct or performance action taken in relation to the registered health practitioner.
- (i) the issues raised about the health, conduct or performance of the registered health practitioner; or
- (ii) the health, conduct or performance action taken in relation to the registered health practitioner.