39   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 podiatrist 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.