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s 89

Board’s decision on investigation

In force
Part 5Complaints and investigations about registrants’ professional conduct
Division 2Action following investigation
Subdivision 1Investigator’s report and board’s decision on investigation

89 Board’s decision on investigation

(1)

This section applies if, after considering the report, the board reasonably believes the registrant has engaged in professional misconduct.

(2)

The board, as it considers appropriate in the circumstances, may decide—

(a)

to deal with the matter in a way mentioned in section 86(2)(a); or

(b)

to refer the matter to either—

(i)

a panel comprising the board or 4 or more of its members (a professional conduct review panel) for dealing with the matter under section 91; or

(ii)

QCAT for dealing with the matter under part 6.

(3)

In making a decision under subsection (2), the board must have regard to each of the following—

(a)

the purposes of this Act and, in particular, the purpose mentioned in section 3(1)(a);

(b)

the seriousness of the matter reported on.

(4)

In deciding the professional conduct review panel for subsection (2)(b)(i), the board must have regard to the nature of the matter investigated and the qualifications and experience of the members constituting the panel.

(5)

A referral under subsection (2)(b)(ii) must be made as provided under the QCAT Act.

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