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 + PRELIMINARY
 + REGISTRATION
 - Procedure for Obtaining Registration
 - Other Requirements
 + INVESTIGATIONS INTO REGISTERED PRACTITIONERS
 - Preliminary investigations into professional conduct
 - Preliminary investigation into the health of registered practitioners
 - Formal and Informal Hearings
- General Provisions relating to Investigations
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Preliminary investigations into professional conduct

22. Complaints about the professional conduct of practitioners

(1) A person may make a complaint about a registered practitioner to the Board.

(2) A person may make a complaint to the Board about a person who was a registered practitioner but has ceased to be a registered practitioner if the complaint relates to conduct of the other person at a time when the other person was a registered practitioner.

23. When complaints about professional conduct are to be investigated by Health Services Commissioner

(1) If the Board receives a complaint about a registered practitioner, and the complaint is of a kind which may be made under the Health Services (Conciliation and Review) Act 1987, the Board must notify the Health Services Commissioner and give a copy of the complaint to the Health Services Commissioner as soon as possible after it has received the complaint.

(2) The Board, in consultation with the Health Services Commissioner, must determine whether or not the complaint is to be dealt with by the Commissioner or the Board.

(3) The Health Services (Conciliation and Review) Act 1987 applies to a complaint made under this Part which is to be dealt with by the Health Services Commissioner as if the complaint were made under Part 3 of that Act.

(4) The Board must not deal further with a complaint made under this Part that is to be dealt with by the Health Services Commissioner unless the Health Services Commissioner refers the matter back to the Board under section 19(6) of the Health Services (Conciliation and Review) Act 1987.

(5) If a complaint has been referred to and is being dealt with by the Health Services Commissioner, the Commissioner must advise the Board, when the matter is completed, of the outcome of the matter.

24. When complaints about professional conduct are to be investigated by the Board

(1) The Board must investigate a complaint concerning the professional conduct of a registered practitioner unless--

(a) the complaint is to be dealt with by the Health Services Commissioner under section be dealt with by the Health Services Commissioner under section 23; o

(b) the Board has determined the complaint to be frivolous or vexatious.

(2) In order to determine whether or not it is necessary to conduct a formal or informal hearing into a complaint, the Board must conduct a preliminary investigation into the complaint.

(3) The Board may, in writing, delegate to--

(a) an officer of the Board; or

(b) an investigator retained by the Board; or

(c) a member of the Board or a number of members not exceeding 3--

its power to conduct a preliminary investigation into a complaint, other than its power to make determinations upon a preliminary investigation.

25. Outcome of preliminary investigation

(1) Upon completing a preliminary investigation, the person or persons conducting the investigation may make one of the following recommendations--

(a) that the investigation into the matter should not proceed further; or

(b) that an informal or formal hearing should be held into the matter.

(2) The Board must determine whether or not to act on the recommendations of any person conducting the preliminary investigation.

26. Board may institute a hearing into professional conduct

The Board may, of its own motion, determine to conduct a formal or informal hearing into the professional conduct of a registered practitioner without conducting a preliminary investigation.

27. Suspension of registration upon commencement of investigation

(1) The Board, upon making a determination--

(a) to conduct a preliminary investigation into a complaint made to the Board about the professional conduct of a registered practitioner; or

(b) to conduct a formal or informal hearing into the professional conduct of a registered practitioner without preliminary investigation--

may suspend the registration of the practitioner until any investigation and any hearing into the matter is completed if the Board is of the opinion that it is necessary to do so because there is a serious risk that the health and safety of the public will be endangered.

(2) If the Board has suspended the registration of a practitioner under sub-section (1), it must--

(a) immediately notify the practitioner of that suspension; and

b) ensure that the matter is investigated as soon as possible after that suspension.


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