13   The outcomes of consultation

(1)  If either the Commission or the appropriate professional council is of the opinion that a complaint (or any part of a complaint) should be investigated, it must be investigated.

(2)  If:

(a)  neither the Commission nor the appropriate professional council is of the opinion that the complaint (or part) should be investigated, but

(b)  either is of the opinion that it should be referred to the professional council for consideration as to whether the professional council should take any action under the Health Practitioner Regulation National Law (NSW) (such as performance assessment or impairment assessment),

      it must be referred to the professional council under section 25B.

(2A)  If either the Commission or the appropriate professional council is of the opinion that an associated complaint that has been discontinued or terminated and to which regard was given during consultation:

(a)  should be reopened or investigated—the complaint must be reopened and investigated in accordance with Division 5, or

(b)  should be referred to the appropriate professional council for consideration as to whether the professional council should take any action under the Health Practitioner Regulation National Law (NSW)—the complaint must be so referred,

      as if it had not been discontinued or terminated.

(3)  If:

(a)  neither the Commission nor the appropriate professional council is of the opinion that the complaint (or part) should be investigated or referred to the professional council, but

(b)  either is of the opinion that it should be referred for conciliation and the Registrar considers that it is appropriate for conciliation,

      the Commission is to refer the complaint for conciliation under Division 8.