Commonwealth Consolidated Acts

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Committee findings, scope of investigation etc.

  (1)   The Committee is to make findings only in respect of the referred services.

  (2)   However, the Committee is not required to have regard to conduct in connection with rendering or initiating all of the referred services but may do so if the Committee considers it appropriate in the circumstances.

Note:   Under section   106K, a Committee can make findings about a sample of the referred services and apply those findings across the relevant class of referred services.

  (3)   The Committee's investigation of the referred services is not limited by:

  (a)   the reasons given in the Director's report to the Committee under paragraph   93(6)(a) or anything else in that report; or

  (b)   the reasons given in any request under section   86 or 106J or anything else in such a request.

  (4)   Before the Committee makes a finding of inappropriate practice, it must:

  (a)   notify the person under review of its intention to do so; and

  (b)   provide the person under review with the reasons on which the Committee intends to base its finding; and

  (c)   give the person under review an opportunity to respond.

Note:   Section   25D of the Acts Interpretation Act 1901 provides for findings on material questions of fact to be included with the reasons under paragraph   (b).

  (5)   The Committee complies with subsection   (4) if it provides a draft report to the person under review in accordance with section   106KD.

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