Subdivision 5 Dealing with complaint by inquiry at meeting of
148 Application of Subdivision [NSW]
This Subdivision does not apply to a complaint about a health
practitioner or student registered in—
(a) the medical profession; or
(b) the nursing and midwifery profession.
148A Procedures for dealing with complaint at meeting
(1) If a Council decides to deal with a complaint about a registered
health practitioner or student by inquiry at a meeting of the Council, the
meeting must be held in accordance with Part 3 of Schedule 5C and this
(2) The Council may be assisted by a legal practitioner when dealing
with the complaint at a meeting of the Council.
(3) The Council must give the Commission a copy of any submission made
to the Council by the registered health practitioner or student in respect of
the complaint or in respect of any recommendation of the Committee concerning
148B General procedure [NSW]
The procedure for the calling of a meeting to deal with a
complaint and for the conduct of the meeting is, subject to this Law and the
NSW regulations, to be decided by the Council.
148C Conduct of meeting [NSW]
At the meeting to deal with the complaint, the
(a) may inform itself on any matter in the way it thinks fit;
(b) may receive written or oral submissions; and
(c) must proceed with as little formality and technicality, and as
much expedition, as the requirements of this Law and the proper consideration
of the complaint permit; and
(d) is not bound by rules of evidence; and
(e) may proceed to deal with the complaint in the absence of the
registered health practitioner or student.
148D Making submissions to inquiry [NSW]
(1) The registered health practitioner or student is entitled to
attend the meeting at which the complaint is dealt with and to make
submissions to the Council.
(2) The Committee may, if the Council so requires, make a submission
to the Council with respect to the complaint and may for that purpose attend
the meeting at which the complaint is dealt with.
(3) The Council must give the Commission the opportunity to make a
submission to the Council with respect to the complaint and the Commission may
for that purpose attend the meeting at which the complaint is dealt
(4) The Committee or the Commission may not be present at the meeting
except while actually making a submission, unless the Council otherwise
(5) Despite subsection (4), the Commission may be present throughout
the Council’s inquiry if the complaint is the subject of a
recommendation of the Commission that it be dealt with by inquiry at a meeting
of the Council under this Subdivision.
(6) The registered health practitioner or student is not entitled to
be legally represented at the inquiry but may be accompanied by a support
person. The support person can be an Australian
(7) The Commission is not entitled to be legally represented at the
148E General powers of Council [NSW]
(1) The Council may do any one or more of the following in relation to
the health practitioner the subject of the inquiry—
(a) caution or reprimand the practitioner;
(b) make an order for the withholding or refunding of part or all of
the payment with respect to the fees to be charged or paid for the services
that are the subject of the complaint;
(c) direct that specified conditions relating to the
practitioner’s practice of the health profession be imposed on the
(d) order that the practitioner seek and undergo medical or
psychiatric treatment or counselling (including, but not limited to,
(e) order that the practitioner complete an educational course
specified by the Council;
(f) order that the practitioner report on his or her practice at the
times, in the way and to the persons specified by the
(g) order that the practitioner seek and take advice, in relation to
the management of his or her practice, from persons specified by the
(2) The Council may do any one or more of the following in relation to
the student the subject of the inquiry—
(a) caution or reprimand the student;
(b) direct that specified conditions be imposed on the student’s
(c) order that the student seek and undergo medical or psychiatric
treatment or counselling (including, but not limited to, psychological
(d) order that the student complete an educational course specified by
(3) If the person is not registered, an order or direction can still
be given under this section but has effect only so as to prevent the person
being registered unless the order is complied with or to require the
conditions concerned to be imposed when the person is registered, as
148F Power to fine in certain cases [NSW]
(1) The Council may by order impose a fine, of an amount of not more
than 50 penalty units, on the health practitioner the subject of the
(2) A fine is not to be imposed unless—
(a) the Council finds the health practitioner to have been guilty of
unsatisfactory professional conduct; and
(b) the Council is satisfied there is no other order, or combination
of orders, that is appropriate in the public
(3) A fine is not to be imposed if a fine or other penalty has already
been imposed by a court in respect of the conduct.
(4) A fine must be paid within the time specified in the order
imposing the fine and must be paid to the Council.
148G Power of Council to recommend suspension or cancellation
of registration [NSW]
(1) The Council may recommend that the registration of the registered
health practitioner or student be suspended for a specified period or
cancelled if the Council is satisfied the health practitioner or
(a) for a health practitioner, does not have sufficient physical and
mental capacity to practise the practitioner’s profession;
(b) for a student, has an impairment.
(2) If the health practitioner is not registered, a recommendation can
be made under this section that the health practitioner not be
(3) The Council makes its recommendation by referring the matter with
its recommendation to the Tribunal.
(4) The Tribunal may—
(a) make an order in the terms recommended; or
(b) make another order about the suspension or cancellation of the
health practitioner’s or student’s registration as the Tribunal
thinks proper based on the Council’s
(5) An order may also provide that an application for review of the
order under Division 8 may not be made until after a specified
(6) Instead of making an order under this section, the Tribunal may
exercise any power or combination of powers of the Council under this
148H Decision of the Council [NSW]
(1) The Council must, within 30 days of making its decision on the
complaint, make available to the complainant, the registered health
practitioner or student concerned, the National Board and any other persons it
thinks fit, a written statement of the decision.
(2) If the Commission made a submission to the Council with respect to
the complaint, the Council must provide the Commission with a copy of the
written statement of the decision.
(3) The written statement of a decision must give the reasons for the
(4) The Council is not required to include confidential information in
(5) If the statement would be false or misleading if it did not
include the confidential information, the Council is not required to provide
(6) If confidential information is not included in the statement given
to a person or the statement is not given to a person because of subsection
(5), the Council must give a confidential information notice to the
(7) A confidential information notice must be given within one month
after the decision is made.
(8) This section does not affect the power of a court to make an order
for the discovery of documents or to require the giving of evidence or the
production of documents to a court.
148I Admissibility of Council’s findings
A finding of a Council under this Subdivision is admissible as
evidence in any legal proceedings.