Western Australian Numbered Acts Western Australian Numbered Acts (1) Within
28 days of a complaint being referred to the complaints assessment
committee by the Board under section 83(11), the committee must, in
respect of the complaint —
(a) if
the committee is of the opinion that the complaint —
(i)
is frivolous, vexatious or without substance; or
(ii)
does not warrant any further action; or
(iii)
does not involve a disciplinary, competency or impairment
matter,
recommend to the Board
that the Board reject the complaint; or
(b) if
the committee is of the opinion that the complaint requires action under
Division 4, refer it to the Board for action under that Division; or
(c) in
the case of a complaint relating to a disciplinary matter, refer it to the
Board for action under Division 5; or
(d) in
the case of a complaint relating to an impairment matter, refer it to the
Board for action under Division 6; or
(e) in
the case of a complaint relating to a competency matter, refer it to the Board
for action under Division 7; or
(f) if
the subject matter of the complaint is sufficiently serious to warrant
suspension or cancellation of the medical practitioner’s registration,
recommend to the Board that the Board make an allegation in relation to the
complaint to the State Administrative Tribunal; or
(g) if
the complainant consents to the complaint being dealt with by conciliation,
recommend to the Board that the Board attempt to settle the complaint by
conciliation under Division 8.
(2) Despite
subsection (1), the complaints assessment committee may extend the
28 day period for a further period not exceeding 28 days if it is in
the interest of the complainant for the committee to do so.
(3) To enable the
complaints assessment committee to make a decision under subsection (1)
the committee may make such inquiries as it considers appropriate.
(4) A recommendation
or referral to the Board under subsection (1) must be accompanied by the
committee’s reasons for making the recommendation or referral.