Health Care Complaints Act 1993 No 105
39 What action is taken after an investigation?
(1) At the end of the investigation of a complaint against a health
practitioner, the Commission must do one or more of the following:
(a) refer the complaint to the Director of
(c) refer the complaint to the appropriate professional council (if
any) for consideration of the taking of action under the Health Practitioner Regulation National Law
(NSW), such as the referral of the health practitioner for
performance assessment or impairment assessment,
(d) make comments to the health practitioner on the matter the subject
of the complaint,
(e) terminate the matter,
(f) refer the matter the subject of the complaint to the Director of
(g) take action under section 41A.
(1A) The Commission is not required to take action under this section
if it reviews its assessment of the complaint and takes action under section
(2) The Commission must consult with the appropriate professional
council before deciding what action to take.