Health Practitioner Regulation National Law (South Australia) Act 2010

If, immediately before the participation day for this jurisdiction—

—

a formal complaint has been laid before a prescribed body under a relevant Act by the Registrar of that prescribed body; or

a prescribed body has laid a complaint before a prescribed Tribunal;

and

the prescribed body or the prescribed Tribunal (as the case may be) has commenced but not completed the substantive hearing and determination of the complaint (that is, the complaint is

part‑heard), the proceedings will continue and be completed in all respects under the relevant Act as if that Act had not been repealed (and the relevant

Act will also continue to operate as if it had not been repealed for the purposes of exercising any right of review or appeal).

A right of review or appeal—

existing, or the subject of proceedings, before the participation day for this jurisdiction; or

arising under subclause (1), may be exercised, or will continue to be subject to any proceedings, (as the case requires) under the relevant Act as if that Act had not been repealed.

A decision arising out of any proceedings under subclause (1) or (2) will take effect as if it were a decision under the Health

Practitioner Regulation National Law (South Australia) (and the National Board for the relevant health profession will give effect to the decision accordingly).

If, immediately before the participation day for this jurisdiction—

—

a formal complaint has been laid before a prescribed body under a relevant Act by the Registrar of that prescribed body; or

a prescribed body has laid a complaint before a prescribed Tribunal;

and

the prescribed body or the prescribed Tribunal (as the case may be) has not commenced the substantive hearing and determination of the complaint (that is, the complaint is not part‑heard), the proceedings will be taken to be within the ambit of section 289 of the Health

Practitioner Regulation National Law (South Australia) and are to be dealt with in all respects under the relevant Act as if that Act had not been repealed, but with the following modifications:

the proceedings are to proceed before the responsible tribunal;

the

National Board for the relevant profession is to have the carriage as complainant of the proceedings before the responsible tribunal;

the relevant Act is to be applied as if a reference to the prescribed body or the prescribed Tribunal (as the case may be) were a reference to the responsible tribunal;

in respect of a complaint laid before the Dental Board of South

Australia or the Medical Board of South Australia, the responsible tribunal may impose any disciplinary sanction that could have been imposed by the Dental Professional Conduct Tribunal or the Medical

Professional Conduct Tribunal (as the case may be) in respect of a complaint laid before that Tribunal.

This clause applies despite any contrary provision in the Health

Practitioner Regulation National Law (South Australia).

In this clause—

prescribed

Tribunal means a tribunal constituted under an Act being repealed by this

Act;

relevant

Act, in relation to any proceedings, means an Act to be repealed by this

Act, being the Act under which the proceedings arise (despite its repeal under this Act).