Board’s power to deal with matter without investigation of the registrant’s professional conduct
86 Board’s power to deal with matter without investigation of the registrant’s professional conduct
This section applies if the board reasonably suspects a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant.
The board, by written notice given to the registrant, may ask the registrant to attend before the board or 1 or more of its members acting for the board to give information, answer questions or produce a document the board reasonably requires to decide—
whether the board, without authorising an investigation of the registrant’s professional conduct, can satisfactorily deal with the matter by—
cautioning, advising or reprimanding the registrant; or
with the consent of the registrant, requiring the registrant, at the registrant’s expense—
to correct a survey to which the matter relates; or
to undergo appropriate training, or competency assessment under part 3, division 2; or
whether to authorise an investigation of the registrant’s professional conduct.
The board may, but is not required to, ask the chief executive for any information or document relevant to helping the board decide whether to make a request under subsection (2).
If the board makes the request, the registrant is not required to comply with it.
If the registrant complies with the request, the registrant is not required to give information, answer a question or produce a document, if giving the information, answering the question or producing the document might tend to incriminate the registrant.
If the registrant complies with the request and the board decides it can satisfactorily deal with the matter in a way stated in subsection (2)(a), it may deal with the matter in the stated way.
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