Health Practitioner Regulation National Law (South Australia) Act 2010

A complaint setting out matters that are alleged to constitute grounds for disciplinary action against a person may be laid before the

Authority (in a manner and form approved by the Authority) by—

the

General Manager; or

the

Minister; or

a representative body; or

a person who is aggrieved by conduct of the person or, if the person aggrieved is a child or is suffering from a mental or physical incapacity, by a person acting on his or her behalf.

If a complaint is laid under this section, the Authority must inquire into the subject matter of the complaint unless—

the

Authority considers that the matter should be dealt with under the

Health

Practitioner Regulation National Law (South Australia);

or

the

Authority considers that the complaint is frivolous or vexatious.

If a complaint has been laid under this section by or on behalf of an aggrieved person and the Authority is satisfied that the complaint arose from a misapprehension on the part of the complainant or from a misunderstanding between the parties, it may, before proceeding further with the hearing of the complaint, require the parties to attend before the General Manager in order to clarify the misapprehension or misunderstanding.

If, after conducting an inquiry under this section, the Authority is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the respondent, the Authority may, by order, do 1 or more of the following:

censure the respondent;

require the respondent to pay to the Authority a fine not exceeding $10 000;

prohibit the respondent from being a pharmacy services provider;

prohibit the respondent from occupying a position of authority in a recognised corporate pharmacy services provider or a recognised trustee pharmacy services provider.

The

Authority may—

stipulate that a prohibition under subsection (4) is to apply—

permanently;

or

for a specified period; or

until the fulfilment of specified conditions; or

until further order;

stipulate that an order relating to a person is to have effect at a specified future time and impose conditions as to the conduct of the person or the person's business until that time.

If—

a person has been found guilty of an offence; and

the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence.

The

Authority may—

fix a period within which a fine imposed under this section must be paid;

on application by a person liable to pay a fine imposed under this section, extend the period within which the fine must be paid.

A fine imposed under this section is recoverable by the Authority as a debt.

If the Authority makes an order under subsection (4)(c) in relation to a pharmacist registered under the Health

Practitioner Regulation National Law, the General Manager must give written notice of the order to the

National Board established for pharmacy.