Western Australian Numbered Acts Western Australian Numbered Acts (1) If, after
receiving a report under section 101(5), the Board decides that it would
be appropriate to make an allegation to the State Administrative Tribunal, the
Board may —
(a) make
an allegation to the Tribunal; and
(b)
withdraw the complaint from the impairment review committee.
(2) If the Board
receives a report from the impairment review committee under section 102,
the Board is to consider the report and either —
(a) act
on any recommendation in the report; or
(b) take
action of a kind referred to in section 102(3) other than that
recommended by the committee.
(3) The Board may take
both of the actions referred to in section 102(3)(e) and (f) in
respect of a complaint.
(4) For the purpose of
taking action of a kind referred to in section 102(3)(b), the Board may
suspend the medical practitioner from the practice of medicine for the period
recommended by the impairment review committee or specified by the Board.
(5) If the Board
proposes to take action under subsection (2) that is materially different
to, or has more restrictive consequences than, that recommended by the
impairment review committee, the Board must —
(a) give
the medical practitioner an opportunity to make a written submission to, or
attend before and make a representation to, the Board; and
(b) have
regard to any submission or representation made by the medical practitioner,
before taking that
action.
(6) Within 7 days
of deciding to take action under subsection (1) or (2), the Board is
to give written notice to the medical practitioner and complainant (if any) of
the action taken or proposed to be taken by the Board together with short
particulars of the reasons for the decision to take the action.