147DRecommendations of Committee [NSW]

147D Recommendations of Committee [NSW]

147D Recommendations of Committee [NSW]

(1) A Committee’s report to a Council may include the recommendations about the complaint the Committee considers appropriate, including any of the following—

(a) a recommendation that the Council deal with the complaint by inquiry at a meeting of the Council as a complaint of unsatisfactory professional conduct;

(b) a recommendation that the Council direct the relevant health practitioner to attend counselling;

(c) a recommendation that the Council dismiss the complaint.

(2) The Council must give the relevant health practitioner and the Commission a copy of the Committee’s report as soon as practicable after the report is made.

(3) The Council must—

(a) if the Committee recommends that the Council deal with the complaint by inquiry at a meeting of the Council as a complaint of unsatisfactory professional conduct, comply with the recommendation; or

(b) otherwise, allow the Commission and the relevant health practitioner, not less than 21 days after they have been given a copy of the Committee’s report and recommendations, to make submissions about the report and recommendations.

(4) After considering the Committee’s report and recommendations and any submissions made by the Commission or relevant health practitioner, the Council must proceed to deal with the complaint as provided by section 145B.

Note.

See section 145D which provides that both Council and the Commission have a duty to refer a complaint to the Tribunal if, at any time, either of them is of the opinion that the complaint, if substantiated, would provide grounds for the suspension or cancellation of the relevant health practitioner’s registration.