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Health Practitioners Competence Assurance Act 2003

7: Miscellaneous provisions, consequential amendments and repeals, and transitional provisions

217   Complaints about conduct before commencement of this section

    217 Complaints about conduct before commencement of this section

  (1)  An authority and the Health and Disability Commissioner may each deal
with a complaint about the conduct of a health practitioner or former health
practitioner under Part 4, even though the conduct is alleged to have occurred
before the commencement of this
section.

  (2)  If the Health and Disability Commissioner deals with a complaint to
which subsection (1) applies, he or she must deal with it under the Health and
Disability Commissioner Act 1994.

  (3)  Subsection (1) does not apply if an inquiry or investigation into the
conduct concerned has been commenced under a former registration Act or under
the Health and Disability Commissioner Act 1994.

  (4)  In dealing with a complaint to which subsection (1) applies, neither an
authority nor the Health and Disability Commissioner may have regard to any
duty or obligation that was not binding on the health practitioner or former
health practitioner at the time that the conduct complained about is alleged to
have occurred.

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