s 44 Conduct of investigation
44.—(1) An investigator directed under section 42(4)(c) to investigate any complaint or information must, if the investigator is of the opinion that the registered allied health professional should be called upon to answer any allegation made against him or her, give written notice of the complaint or information to him or her. (2) A notice under subsection (1) must —(a) include copies of any complaint or information and of any statutory declaration or affidavit that have been made in support of the complaint or information; and (b) invite the registered allied health professional, within such period (being not less than 21 days from the date of the notice) as may be specified in the notice, to give to the investigator any written explanation he or she may wish to offer. (3) In the course of investigations, the Complaints Committee may authorise the investigator in writing to —(a) in the case of a complaint mentioned in section 39(1)(c) — obtain the consent of the registered allied health professional to undergo a performance assessment in accordance with the provisions of Division 3; and (b) in the case of information mentioned in section 39(1)(d) — obtain the consent of the registered allied health professional to submit to a fitness assessment in accordance with the provisions of Division 3, and the registered allied health professional must respond within such reasonable time as the investigator may, in the notice, specify. (4) If the registered allied health professional —(a) declines to undergo a performance or fitness assessment requested under subsection (3); (b) having agreed to undergo such an assessment, subsequently fails to participate in the assessment or refuses to cooperate with the assessors; or (c) does not respond to the notice within the time specified in subsection (3), the investigator must make a report to the Complaints Committee under section 48 and the Complaints Committee may proceed with the inquiry and make such order as it deems fit under section 49(1) or (2). (5) Where, in the course of an investigation, an investigator receives information touching on, or obtains evidence of, the conduct, physical or mental fitness, or professional performance —(a) of the registered allied health professional concerned, which is outside the subject matter of the complaint or information referred to the investigator; or (b) of a registered allied health professional other than the registered allied health professional concerned, which may give rise to proceedings under this Part, the investigator must make a report of this to the Complaints Committee under section 48. (6) On receiving a report under subsection (5), the Complaints Committee must —(a) if it is unanimously of the opinion that the complaint or information is frivolous, vexatious, misconceived or lacking in substance, make an order under section 49(1)(i); or (b) if it believes there is evidence of any of the matters mentioned in section 39(1) —(i) direct one or more investigators to carry out an investigation and make a report to it under section 48; or (ii) refer the matter to the Chairperson of the Complaints Panel and the Chairperson must act in accordance with section 41 by referring the complaint or information to a Health Committee or laying it before a different Complaints Committee, as the case may be.