Last Updated: 1 January 2020

[MDP 54] Notifications54 

54
(1) If—
  • (a)a registered person or health professional who has had professional dealings with a registered person;
  • (b)a person who provides medical or dental treatment through the instrumentality of a registered person;
  • (c)a hospital that has entered into an arrangement with a registered person under which that person provides medical or dental treatment at the hospital;
  • (d)the person in charge of an educational institution at which a medical or dental student is enrolled in a course of study providing qualifications for registration on the medical or dental register; or
  • (e)a member of the public,

is of the opinion that the registered person or student has or might have engaged in unprofessional conduct, the person or hospital may give written notice to the Registrar, setting out the reasons for that opinion, and the Registrar must inform the relevant Professional Conduct Committee.

(2) If a health services provider is of the opinion that a registered person through whom the provider provides medical or dental treatment has or might have engaged in unprofessional conduct, the provider must give written notice to the Registrar, setting out the provider's reasons for that opinion, and the Registrar must inform the relevant Professional Conduct Committee.
(3) If a registered person or member of the public is of the opinion that a health services provider has or might have engaged in conduct which is or might give cause for disciplinary action under this Act, the person must give written notice to the Registrar, setting out the provider's reasons for that opinion, and the Registrar must inform the relevant Professional Conduct Committee.
(4) On receiving a notification under this section, and before informing the relevant Professional Conduct Committee of it, the Registrar may investigate the matter the subject of the notification and if appropriate intervene to facilitate a resolution between the parties.
(5) If, as a result of the Registrar's intervention or otherwise, the notifier withdraws the notification, the Registrar must so inform the Committee but no other action will be taken on it, unless the Committee otherwise directs.
(6) If the notification is not withdrawn, and if it discloses a cause for disciplinary action, the Registrar must formulate a complaint, or assist the notifier to formulate a complaint, on the basis of the notification, and section 56 applies.