145BCourses of action available to Council on complaint [NSW]

145B Courses of action available to Council on complaint [NSW]

145B Courses of action available to Council on complaint [NSW]

(1) The following courses of action are available to a Council in respect of a complaint—

(a) the Council may make any inquiries about the complaint the Council thinks appropriate;

(b) the Council may refer the complaint to the Commission for investigation;

(c) the Council may refer the complaint to the Tribunal;

(d) the Council may refer the complaint to a Committee;

(e) for a complaint about a health practitioner or student who is registered in a health profession other than the medical or nursing and midwifery profession, the Council may deal with the complaint by inquiry at a meeting of the Council;

(f) the Council may—

(i) refer the practitioner or student for a health assessment; or

(ii) refer the matter to an Impaired Registrants Panel; or

(iii) refer the professional performance of the practitioner concerned for a performance assessment;

(g) the Council may direct the practitioner or student concerned to attend counselling;

(h) the Council may refer the complaint to the Commission for conciliation or to be dealt with under Division 9 of Part 2 of the Health Care Complaints Act 1993;

(i) the Council may refer the complaint to another entity, including, for example, a National Board;

(j) the Council may determine that no further action should be taken in respect of the complaint.

(2) The Commission must, on receipt of a complaint referred by a Council for investigation, investigate the complaint or cause it to be investigated.

(3) If a Council makes a referral under subsection (1)(f), the matter ceases to be a complaint for the purposes of this Law and the Health Care Complaints Act 1993.

(4) Subsection (3) ceases to apply in respect of any matter that a Council subsequently deals with as a complaint.