VICIn ForceAct
Transport Accident Act 1986
131ACommission may refer misconduct etc. to appropriate body and suspend payment
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131A Commission may refer misconduct etc. to appropriate body and suspend payment
(a) a service is provided to a person who was injured in a transport accident and the provision of the service is wholly or partially funded by the Commission (whether directly or indirectly); and
(b) the Commission is concerned about—
(i) the adequacy, appropriateness or frequency of the service as provided by the service provider; or
(ii) the competence with which the service was provided by the service provider; and
(c) the conduct of the trade or profession of the service provider is regulated by a regulatory body that has a statutory power to investigate the conduct that the Commission is concerned about.
(2) The Commission—
(a) may refer the conduct of the service provider to that regulatory body; and
(b) may provide to that body any information it has concerning the provision of the service or the service provider that is necessary to enable the Commission's concerns to be effectively investigated—
if the person to whom the service was provided has consented in writing to the referral and to the disclosure of the information, or if, in the opinion of the Commission, that consent will not be reasonably provided.
(3) The Commission may also, by written notice to the service provider, suspend the payment of costs by it for any services provided by the provider (whether before or after the referral).
(4) If the regulatory body advises the Commission in writing within 6 months after the referral that it intends to take any form of disciplinary or legal action against the service provider as a result of the referral, the suspension continues until that body advises the Commission in writing that it intends to take no further action against the service provider as a result of the referral.
(5) In any other case, the suspension continues until—
(a) the regulatory body advises the Commission in writing that it intends to take no further action in respect of the referral; or
(b) the expiry of 6 months—
(6) If a debt was suspended under this section and the suspension ends and the debt still exists, the debt is to be treated as if it first fell due 7 days after the day the suspension ends.