Western Australian Numbered Acts Western Australian Numbered Acts (1) A person may lodge
a complaint in relation to a competency matter or an impairment matter with
the Board in relation to a person who is a medical practitioner.
(2) A person may lodge
a complaint in relation to a disciplinary matter with the Board in relation
to —
(a) a
person who is a medical practitioner; or
(b) a
person who was a medical practitioner when the disciplinary matter allegedly
occurred but who is no longer a medical practitioner.
(3) The Board may
determine that a disciplinary matter, a competency matter or an impairment
matter is to be dealt with as if it were the subject of a complaint lodged
with the Board, despite no complaint having been made to it.
(4) The Board must not
make a determination under subsection (3) unless it is of the opinion
that —
(a) in
respect of a person who is a medical practitioner, there is cause to
investigate whether a disciplinary matter, an impairment matter or a
competency matter exists or has occurred; or
(b) in
respect of a person who was a medical practitioner when the disciplinary
matter allegedly occurred, there is cause to investigate whether a
disciplinary matter occurred.
(5) Subject to
subsection (7), a complaint to the Board under subsection (1)
or (2) must be in writing.
(6) A complainant must
give the Board —
(a) his
or her name; and
(b) such
other information relating to the person’s identity as the Board or
registrar may require; and
(c)
particulars of the complaint made in relation to the respondent.
(7) The Board may deal
with a complaint under subsection (1) or (2) made orally
if —
(a) it
believes that it is in the public interest to do so; and
(b) the
complainant’s identity is established to the satisfaction of the Board;
and
(c)
particulars of the complaint in relation to the respondent are given to the
Board.
(8) The Board may
reject a complaint under subsection (1) or (2) if the Board is not
satisfied as to the identity of the complainant.
(9) If it considers it
appropriate to do so, the Board may refer a complaint lodged with it in
relation to a medical practitioner to a regulatory authority of another State
or a Territory to be dealt with according to the law of that State or
Territory.
(10) After a referral
under subsection (9), no further action is to be taken by the Board in
relation to the subject matter of the referral unless the regulatory authority
of the other State or Territory declines to deal with the matter.
(11) Unless a
complaint is rejected by the Board under subsection (8) or referred to a
regulatory authority of another State or a Territory under
subsection (9), the Board must refer a complaint to the complaints
assessment committee.