Australian Capital Territory Numbered Acts

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HEALTH PROFESSIONALS ACT 2004 (NO. 38 OF 2004) - SECT 100

Board consideration of referral by personal assessment panel

    (1)     This section applies to the referral of a report or complaint, or an application for a condition review, to a health profession board under division 11.2 (Assessments by personal assessment panels).

    (2)     The health profession board must consider the referral, including any recommendations made, and decide what to do in relation to the matter referred (the matter ).

    (3)     If the health profession board considers that the matter indicates that the health professional may be contravening, or may have contravened, the required standard of practice, the board—

        (a)     must take action in relation to the matter under part 10 (Joint consideration with commissioner); and

        (b)     may apply to the tribunal for an emergency order if satisfied that the safety of the public or the wellbeing of the health professional may be adversely affected if an emergency order is not made.

    (4)     The health profession board may, unless subsection (3) applies, do 1 or more of the following in relation to the matter:

        (a)     if section 101 applies—take action under that section;

        (b)     refer the matter to a professional standards panel;

        (c)     refer the matter to the commissioner for investigation;

        (d)     ask the health professions tribunal to suspend or cancel the health professional's registration; or

        (e)     ask the health professions tribunal to take any other appropriate action in relation to the health professional or matter;

        (f)     take no further action in relation to the health professional or matter.



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