Application of Subdivision
106G Application of Subdivision
This Subdivision applies for the purposes of the investigation by a Committee of the provision of services specified in the referral made to the Committee.
It is the duty of a Committee to carry out its functions so that its final report is given to the Determining Authority or, if section 106KE or subsection 106L(5) applies, the person under review:
unless paragraph (b) applies—within 6 months after the day on which the referral is received by the Committee; or
if, at the request of the Chairperson or, if the Chairperson is not available, at the request of another Committee member, the Director allows a further period not exceeding 3 months or further periods not exceeding 3 months in each case—before the end of the further period or the last of the further periods.
If a circumstance specified in column 1 of an item in the following table occurs, the Committee may determine, in writing, that the period of 6 months referred to in paragraph (2)(a) is extended for a period not exceeding the period specified in column 2 of that item.
Extension of period for giving final report | ||
|---|---|---|
Item | Column 1 Circumstance | Column 2 Period |
1 | The person under review is unable because of illness to attend a hearing being conducted by the Committee | The period during which the person under review is unable to attend the hearing |
2 | The person under review is fully disqualified under section 105 | The period during which the person under review is fully disqualified under that section |
3 | A notice is given to a person under subsection 105A(2) and the person fails to comply with a requirement of the notice | The period during which the person to whom the notice is given fails to comply with the requirement |
4 | The Committee’s consideration of the referral is suspended under paragraph 106N(2)(b) or because of an injunction or other court order | The period for which the Committee’s consideration of the referral is suspended |
A determination under subsection (3) extends the period of 6 months accordingly.
The period of 6 months referred to in paragraph (2)(a) may be extended under subsection (3) more than once.
Failure to give the final report to the Determining Authority within the period of 6 months, or that period as extended, does not affect the validity of that report.
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