sec.151When National Board may decide to take no further action

sec.151 When National Board may decide to take no further action

A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the notification— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification. A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action. s 151 sub 2013 No. 36 s 326 amd 2017 No. 32 ss 22 , 87 (1) s ch 1 pt 1 ; 2022 No. 22 s 144 (2) – (3) (sec.151-ssec.1) A National Board may decide to take no further action in relation to a referred matter if— the Board reasonably believes the referred matter is frivolous, vexatious, misconceived or lacking in substance; or given the amount of time that has elapsed since the matter the subject of the referred matter occurred, it is not practicable for the Board to investigate or otherwise deal with the referred matter; or the person to whom the referred matter relates has not been, or is no longer, registered in a health profession for which the Board is established and it is not in the public interest for the Board to investigate or otherwise deal with the referred matter; or the subject matter of the referred matter has already been dealt with adequately by the Board; or the subject matter of the notification— is being dealt with, or has already been dealt with, by another entity; or has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity; or the health practitioner to whom the notification relates has taken appropriate steps to remedy the matter the subject of the notification and the Board reasonably believes no further action is required in relation to the notification. (sec.151-ssec.1A) A National Board may decide to take no further action in relation to part of a referred matter if the subject matter of the part of the referred matter has been referred by the Board under section 150 or 150C to another entity to be dealt with by that entity. (sec.151-ssec.2) A decision by a National Board to take no further action in relation to a referred matter does not prevent a National Board or adjudication body taking the referred matter into consideration at a later time as part of a pattern of conduct or practice by the health practitioner. (sec.151-ssec.3) If a National Board decides to take no further action in relation to a referred matter, it must give written notice of the decision to the complainant (if any) for the matter. (sec.151-ssec.4) A notice under subsection (3) must state— that the National Board has decided to take no further action in relation to the referred matter; and the reason the Board has decided to take no further action.