171DCommittee must refer certain matters to Tribunal [NSW]

171D Committee must refer certain matters to Tribunal [NSW]

171D Committee must refer certain matters to Tribunal [NSW]

(1) The Committee must immediately terminate the inquiry if, before or during the inquiry, the Committee—

(a) forms the opinion the complaint, if substantiated, may provide grounds for the suspension or cancellation of the registration of the relevant health practitioner; or

(b) becomes aware the Council or the Commission has referred the complaint or another complaint about the practitioner to the Tribunal.

(2) Subsection (1)(a) does not apply to a complaint that the Council decided not to refer to the Tribunal because the allegations on which it, and any other pending complaint against the practitioner, was founded related solely or principally to the practitioner’s physical or mental capacity to practise the practitioner’s profession.

(3) If the Committee terminates an inquiry, it must refer the complaint to the Tribunal unless it has already been referred to the Tribunal.

(4) (Repealed)

(5) The Committee must inform the Council when it takes any action under this section.

s 171D: Am 2013 No 95, Sch 6.4 [49].