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Medical Practitioners Act 1995

VIII: Discipline
Complaints Assessment Committee
92   Determination of complaint by complaints assessment committee



   92. Determination of complaint by complaints assessment
 committee---(1) On the referral to a complaints assessment committee
 under section 87 of this Act of a complaint or notice of conviction in
 relation to a medical practitioner, the complaints assessment committee
 shall determine whether,---
   (a) The Council should review, under Part V of this Act, the
         competence of the practitioner to practise medicine; or
   (b) The Council should review, under Part VII of this Act, the ability
         of the practitioner to practise medicine; or
   (c) In the case of a complaint, the complaint should be the subject of
         conciliation under section 94 of this Act; or
   (d) The complaint or conviction should be considered by the Tribunal;
         or
   (e) No further steps should be taken under this Act in relation to the
         complaint or conviction.

   (2) A complaints assessment committee shall make a determination under
 subsection (1) of this section as soon as reasonably practicable after
 the complaint or notice of conviction is referred to it.

   (3) Before a complaints assessment committee makes a determination
 under subsection (1) of this section,---
   (a) The committee shall give the medical practitioner concerned and,
         in the case of a complaint, the complainant a reasonable
         opportunity to make a written explanation or statement in
         relation to the complaint or conviction; and
   (b) The committee may, on the application of the medical practitioner
         concerned or the complainant, or on its own motion, give that
         medical practitioner and, where applicable, the complainant a
         reasonable opportunity to appear before the committee to make an
         explanation or statement in relation to the complaint or
         conviction.

   (4) A complaints assessment committee may require that any complaint
 referred to it under section 87 of this Act be supported by such
 statutory declaration as it thinks fit.
     Cf. 1988, No. 150, s. 53
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