sec.151When National Board may decide to take no further action

### sec.151 When National Board may decide to take no further action A National Board may decide to take no further action in relation to a notification if— the Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or the person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or the subject matter of the notification has already been dealt with adequately by the Board; or the subject matter of the notification— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification. A National Board may decide to take no further action in relation to part of a notification if the subject matter of the part of the notification has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity. A decision by a National Board to decide to take no further action in relation to a notification does not prevent a National Board or adjudication body taking the notification into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. If a National Board decides to take no further action in relation to a notification it must give written notice of the decision to the notifier. A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the notification; and the reason the Board has decided to take no further action. sch s 151 amd 2017 No. 32 ss 22, 87(1) s ch 1 pt 1 ; 2022 No. 22 s 104 (sec.151-ssec.1) A National Board may decide to take no further action in relation to a notification if— the Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or the person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or the subject matter of the notification has already been dealt with adequately by the Board; or the subject matter of the notification— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification. (sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a notification if the subject matter of the part of the notification has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity. (sec.151-ssec.2) A decision by a National Board to decide to take no further action in relation to a notification does not prevent a National Board or adjudication body taking the notification into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. (sec.151-ssec.3) If a National Board decides to take no further action in relation to a notification it must give written notice of the decision to the notifier. (sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the notification; and the reason the Board has decided to take no further action. - (a) the Board reasonably believes the notification is frivolous, vexatious, misconceived or lacking in substance; or - (b) given the amount of time that has elapsed since the matter the subject of the notification occurred, it is not practicable for the Board to investigate or otherwise deal with the notification; or - (c) the person to whom the notification relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the notification; or - (d) the subject matter of the notification has already been dealt with adequately by the Board; or - (e) the subject matter of the notification— (i) is being dealt with, or has already been dealt with, by another entity; or (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or - (i) is being dealt with, or has already been dealt with, by another entity; or - (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or - (f) the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification. - (i) is being dealt with, or has already been dealt with, by another entity; or - (ii) has been referred by the Board under section 150 or 150A to another entity to be dealt with by that entity; or - (a) that the National Board has decided to take no further action in relation to the notification; and - (b) the reason the Board has decided to take no further action.