145DSerious complaints must be referred to Tribunal [NSW]

145D Serious complaints must be referred to Tribunal [NSW]

145D Serious complaints must be referred to Tribunal [NSW]

(1) Both a Council for a health profession and the Commission are under a duty to refer a complaint to the Tribunal if, at any time, either forms the opinion that it may, if substantiated, provide grounds for the suspension or cancellation of a registered health practitioner’s or student’s registration.

(2) However, either the Council or the Commission may decide not to refer the complaint to the Tribunal if of the opinion the allegations on which the complaint is founded (and on which any other pending complaint against the registered health practitioner or student is founded) relate solely or principally to—

(a) for a practitioner, the physical or mental capacity of the practitioner to practise the practitioner’s profession; or

(b) for a student, the physical or mental capacity of the student to undertake clinical training in the health profession in which the student is registered.

(3) If the Council decides not to refer the complaint to the Tribunal, the Council must instead refer the complaint to a Committee or Impaired Registrants Panel.

(4) If the Commission decides not to refer the complaint to the Tribunal, the Commission must instead refer the complaint to the Council.

(5) This section does not require the Council or the Commission to refer a complaint the Council or Commission thinks is frivolous or vexatious.

Note.

A referral under this section is an application made to the Tribunal for a general decision for the purposes of the Civil and Administrative Tribunal Act 2013.

s 145D: Am 2013 No 95, Sch 6.4 [9]; 2016 No 4, Sch 1 [5].