150DReferral of matter to Commission [NSW]

150D Referral of matter to Commission [NSW]

150D Referral of matter to Commission [NSW]

(1) A Council must, as soon as practicable but no later than 7 days after taking action under section 150, refer the matter to the Commission for investigation.

(2) The Council may (despite any other Act or law) give to the Commission information obtained by the Council in connection with the exercise of functions under section 150 (including information, copies of documents or evidence obtained under section 150J and a copy of a recording made under section 150B) in respect of the matter.

(3) The matter must be dealt with by the Commission as a complaint made to the Commission against the registered health practitioner or student concerned.

(4) The Commission must investigate the complaint or cause it to be investigated and, as soon as practicable after it has completed its investigation and if it considers it appropriate to do so, refer the complaint to the Tribunal or a Committee for the health profession in which the health practitioner or student is registered.

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 registered health practitioner’s or student’s registration.

(4A) Despite subsections (3) and (4), the Commission is not required to investigate the complaint or cause it to be investigated if the matter that is the subject of the complaint is being, or has been, investigated as, or as part of, another complaint to the Commission.

(5) This section does not apply if a Council takes action against a registered health practitioner or student under section 150—

(a) because, in the Council’s opinion, the practitioner or student has an impairment; or

(b) that is action of a kind referred to in section 150(5).

s 150D: Am 2013 No 24, Sch 3 [1].