Division 3 Referral of complaints to Pharmacy Care Assessment Committee

52   Kinds of complaints that can be referred to Committee

(1)  The Board may refer a complaint to the Committee only if the Commission has decided not to investigate the complaint.

(2)  A complaint may not be referred to the Committee if it is a complaint that the pharmacist is not of good character or has been convicted of, or made the subject of a criminal finding for, an offence.

(3)  This section does not operate to limit the Committee in the exercise of its functions under this Division in respect of any matter that arises in the course of the Committee’s investigation of a complaint.

53   How complaints are dealt with

(1)  When a complaint is referred to the Committee, the Committee is to investigate the complaint and may in any particular case encourage the complainant and the pharmacist against whom the complaint is made to settle the complaint by consent.

(2)  The Committee may obtain such pharmaceutical, medical, legal, financial or other advice as it thinks necessary or desirable to enable it to exercise its functions.

(3)  The Committee may not determine a complaint referred to it except by settlement by consent.

(4)  The Committee is to make a report to the Board on a complaint referred to it whether or not it is able to effect settlement of the complaint by consent.

54   Skills testing of pharmacist

(1)  The Committee may, by notice to the pharmacist who is the subject of a complaint referred to the Committee, require the pharmacist to undergo skills testing at the Board’s expense by an appropriately qualified person specified in the notice, at any reasonable time and place specified in the notice.

(2)  A failure by a pharmacist, without reasonable cause, to comply with a notice given under this section to undergo skills testing is, for the purposes of this Part or any inquiry or appeal under this Part, evidence that the pharmacist does not have sufficient skill to practise pharmacy.

(3)  The person who conducts skills testing under this section is to report to the Committee on the results of the examination. The Committee is to provide a copy of the report to the pharmacist.

(4)  A person must not directly or indirectly make a record of or divulge to any person any information contained in a report to the Committee under this section that has come to the person’s notice in the exercise of the person’s functions under this Act, except for the purpose of exercising functions under this Act.

Maximum penalty: 50 penalty units.

(5)  A person cannot be required in civil proceedings in any court to produce or permit access to any report made to the Committee under this section or to divulge the contents of any such report.

(6)  In this section:

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions but does not include the Tribunal.

report includes a copy, reproduction and duplicate of the report or any part of the report, copy, reproduction or duplicate.

55   Recommendations of Committee

(1)  The Committee’s report to the Board may include such recommendations with respect to the complaint as the Committee considers appropriate, including (without being limited to) any of the following recommendations:

(a)  a recommendation that the Board deal with the complaint by inquiry at a meeting of the Board as a complaint of unsatisfactory professional conduct,

(b)  a recommendation that the Board direct the pharmacist to attend counselling,

(c)  a recommendation that the Board dismiss the complaint.

(2)  The Board is to provide the pharmacist and the Commission with a copy of the Committee’s report and recommendations as soon as practicable after the report is made.

(3)  The Board must comply with a recommendation of the Committee that the Board deal with the complaint by inquiry at a meeting of the Board as a complaint of unsatisfactory professional conduct.

(4)  Otherwise the Board is to allow the Commission and the pharmacist at least 21 days after they have been provided with a copy of the Committee’s report and recommendations to make submissions in respect of the report and recommendations.

(5)  After considering the Committee’s report and recommendations and any submissions made by the pharmacist or the Commission in respect of the report or recommendations, the Board is to proceed to deal with the complaint as provided by section 48.

(6)  This section is subject to section 49 (Serious complaints must be referred to Tribunal).

56   No legal representation for parties appearing before Committee

A complainant and the pharmacist against whom the complaint is made are not entitled to be legally represented at any appearance before the Committee.