s 45 Performance assessment
45.—(1) If the registered allied health professional agrees to undergo a performance assessment under section 44(3)(a), the quality of professional services provided by him or her must be assessed by a Performance Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine. (2) The Performance Assessment Panel must carry out the performance assessment in accordance with —(a) the provisions of this Division; (b) the practice and procedure as the Council may determine; and (c) such instructions as the Complaints Committee may issue. (3) The registered allied health professional under assessment must, if required by the Performance Assessment Panel —(a) produce to the Panel or give the Panel access to any record or other document specified by the Panel or any record or other document which is of a class or description so specified and which is in his or her possession or under his or her control, being in either case a record or other document which the Panel reasonably believes is or may be relevant to the performance assessment, within such time and at such place as the Panel may reasonably require; (b) give to the Panel such explanation or further particulars in respect of anything produced in compliance with a requirement under paragraph (a) as the Panel may specify; and (c) give to the Panel all assistance in connection with the performance assessment which he or she is reasonably able to give. (4) Where any information or matter relevant to a performance assessment is recorded otherwise than in a legible form, the power of a Performance Assessment Panel to require the production of any record or other document conferred under subsection (3)(a) includes the power to require the production of a reproduction of any such information or matter or of the relevant part of it in a legible form. (5) A Performance Assessment Panel may inspect, examine, make copies of or take any abstract of or extract from any record or document produced under subsection (3)(a) or (4). (6) The Performance Assessment Panel must give a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, the registered allied health professional. (7) The Complaints Committee, or the investigator with the approval of the Complaints Committee, may discuss the report with the registered allied health professional under assessment and, in the case of an adverse finding in the report, the possible ways of dealing with that finding.