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Medical Practitioners Act 1995

VIII: Discipline
Complaints Assessment Committee
94   Settlement of complaint by conciliation



   94. Settlement of complaint by conciliation---(1) Where, pursuant to
 section 92 (1) (c) of this Act, a complaints assessment committee has
 decided that a complaint should be the subject of conciliation, the
 committee shall attempt to assist the persons concerned to resolve the
 complaint by agreement.

   (2) If conciliation of a complaint under subsection (1) of this
 section has in the view of a complaints assessment committee been
 successful, the committee shall forthwith forward notice to that effect
 to the president of the Council.

   (3) If conciliation of a complaint under subsection (1) of this
 section has in the view of a complaints assessment committee been
 unsuccessful, the committee shall determine whether---
   (a) The complaint should be considered by the Tribunal; or
   (b) No further steps should be taken under this Act in relation to the
         complaint.

   (4) In the case of a determination made under subsection (3) (a) of
 this section, the complaints assessment committee shall---
   (a) Frame an appropriate charge and lay it before the Tribunal by
         submitting it in writing to the chairperson of the Tribunal; and

   (b) Give written notice of that determination to the complainant.

   (5) A complaints assessment committee shall submit with any charge
 laid before the Tribunal pursuant to subsection (4) of this section a
 statement showing---
   (a) Those matters on which agreement was reached between the persons
         concerned; and
   (b) Those matters on which no agreement was reached between those
         persons.

   (6) In the case of a determination made under subsection (3) (b) of
 this section, the complaints assessment committee shall advise the
 medical practitioner concerned and the complainant, by written notice,
 of---
   (a) That determination; and
   (b) The reasons on which that determination is based.
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