Health Practitioner Regulation National Law (South Australia) Act 2010

If the subject matter of a notification would also provide a ground for a complaint to a health complaints entity under a law of a participating jurisdiction, the National Board that received the notification must, as soon as practicable after its receipt—

notify the health complaints entity that the Board has received the notification; and

give to the health complaints entity—

a copy of the notification or, if the notification was not made in writing, a copy of the National Agency's record of the details of the notification; and

any other information the Board has that is relevant to the notification.

If a health complaints entity receives a complaint about a health practitioner, the health complaints entity must, as soon as practicable after its receipt—

notify the National Board established for the practitioner's health profession that the health complaints entity has received the complaint; and

give to the National Board—

a copy of the complaint or, if the complaint was not made in writing, a copy of the health complaints entity's record of the details of the complaint; and

any other information the health complaints entity has that is relevant to the complaint.

The

National Board and the health complaints entity must attempt to reach agreement about how the notification or complaint is to be dealt with, including—

whether the Board is to deal with the notification or complaint, or part of the notification or complaint, or to decide to take no further action in relation to it; and

if the Board is to deal with the notification or complaint or part of the notification or complaint, the action the Board is to take.

If the National Board and the health complaints entity are not able to reach agreement on how the notification or complaint, or part of the notification or complaint, is to be dealt with, the most serious action proposed by either must be taken.

If an investigation, conciliation or other action taken by a health complaints entity raises issues about the health, conduct or performance of a registered health practitioner, the health complaints entity must give the National Board established for the practitioner's health profession written notice of the issues.

If a notification, or part of a notification, received by a National

Board is referred to a health complaints entity, the Board may decide to take no further action in relation to the notification or the part of the notification until the entity gives the Board written notice that the entity has finished dealing with it.

If a National Board or an adjudication body takes health, conduct or performance action in relation to a registered health practitioner, the Board established for the practitioner's health profession must give written notice of the action to the health complaints entity for the participating jurisdiction in which the behaviour that provided the basis for the action occurred.

A written notice under subsection (5) or (7) must include—

sufficient particulars to identify the registered health practitioner; and

details of—

the issues raised about the health, conduct or performance of the registered health practitioner; or

the health, conduct or performance action taken in relation to the registered health practitioner.