Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The health profession board must—
(a) consult with the commissioner when it is considering what to do in relation to a matter that this part applies to; and
(b) endeavour to make any decision allowed or required to be made in relation to the matter jointly with the commissioner.
(2) If the health profession board and the commissioner cannot agree about what to do in relation to the matter, the most serious action proposed by either must be taken.
(3) The action that may be taken in relation to a matter, from most serious to least serious, follows:
(a) apply to the tribunal for an emergency order in relation to the health professional to whom the matter relates;
(b) referral of the matter to the health professions tribunal;
(c) referral of the matter for investigation under the Community and Health Services Complaints Act 1993 ;
(d) referral of the health professional to whom the matter relates to a professional standards panel;
(e) referral of the health professional to whom the matter relates to a personal assessment panel;
(f) if the matter is a complaint—conciliation of the matter under the Community and Health Services Complaints Act 1993 ;
(g) refusal to investigate the matter further.
(4) Also, the health profession board must take action under section 87 (Indication that offence committed) if, after consultation with the commissioner, either the board, commissioner or both consider that the section applies to the matter.
(5) The health profession board may take action under this section even if it has already taken action in relation to the matter.
Example
If the health profession board decides that a report or complaint about a health professional does not suggest that the health professional may be contravening, or may have contravened, the required standard of practice, the board may refer the report or complaint to a personal assessment panel. If the personal assessment panel recommends that the report or complaint be referred to a professional standards panel because, on further examination, the report or complaint raises the possibility that the health professional may be contravening, or may have contravened, the required standard of practice, the board would then consult with the commissioner under this section, even though the board has already taken action in relation to the matter.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).