sec.91Disciplinary action by professional conduct review panel

### sec.91 Disciplinary action by professional conduct review panel A professional conduct review panel to whom the board has referred a matter about a registrant must decide, having regard to the circumstances of the case and seriousness of the matter— whether any disciplinary action should be taken against the registrant; and what disciplinary action mentioned in subsection (3) to take. The panel must decide the matter in the way the panel considers appropriate, but must observe natural justice. The panel may decide to do 1 or more of the following— not take any disciplinary action against the registrant; caution or reprimand the registrant; require the registrant, at the registrant’s expense— to correct a survey to which the matter relates within the reasonable period stated in the requirement; or to undergo appropriate training, or competency assessment under part 3 , division 2 ; order the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units. In addition to taking any disciplinary action, the panel may order the registrant to pay to the board the amount of the costs of and incidental to the proceeding, including the cost of the investigation that preceded the proceeding. An amount ordered to be paid under subsection (3) (d) or (4) is a debt payable by the registrant to the board. As soon as practicable after making its decision, the panel must give written notice of the decision and the reasons for the decision to— the registrant; and if the investigation was the result of a complaint, the complainant. If the panel makes a decision under subsection (3) (c) (i) or (d) or orders the registrant to pay an amount under subsection (4) , the notice must be an information notice. (sec.91-ssec.1) A professional conduct review panel to whom the board has referred a matter about a registrant must decide, having regard to the circumstances of the case and seriousness of the matter— whether any disciplinary action should be taken against the registrant; and what disciplinary action mentioned in subsection (3) to take. (sec.91-ssec.2) The panel must decide the matter in the way the panel considers appropriate, but must observe natural justice. (sec.91-ssec.3) The panel may decide to do 1 or more of the following— not take any disciplinary action against the registrant; caution or reprimand the registrant; require the registrant, at the registrant’s expense— to correct a survey to which the matter relates within the reasonable period stated in the requirement; or to undergo appropriate training, or competency assessment under part 3 , division 2 ; order the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units. (sec.91-ssec.4) In addition to taking any disciplinary action, the panel may order the registrant to pay to the board the amount of the costs of and incidental to the proceeding, including the cost of the investigation that preceded the proceeding. (sec.91-ssec.5) An amount ordered to be paid under subsection (3) (d) or (4) is a debt payable by the registrant to the board. (sec.91-ssec.6) As soon as practicable after making its decision, the panel must give written notice of the decision and the reasons for the decision to— the registrant; and if the investigation was the result of a complaint, the complainant. (sec.91-ssec.7) If the panel makes a decision under subsection (3) (c) (i) or (d) or orders the registrant to pay an amount under subsection (4) , the notice must be an information notice. - (a) whether any disciplinary action should be taken against the registrant; and - (b) what disciplinary action mentioned in subsection (3) to take. - (a) not take any disciplinary action against the registrant; - (b) caution or reprimand the registrant; - (c) require the registrant, at the registrant’s expense— (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or (ii) to undergo appropriate training, or competency assessment under part 3 , division 2 ; - (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or - (ii) to undergo appropriate training, or competency assessment under part 3 , division 2 ; - (d) order the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units. - (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or - (ii) to undergo appropriate training, or competency assessment under part 3 , division 2 ; - (a) the registrant; and - (b) if the investigation was the result of a complaint, the complainant.