s 46 Fitness assessment
46.—(1) If the registered allied health professional agrees to submit to a fitness assessment under section 44(3)(b), his or her fitness to practise the prescribed allied health profession by reason of his or her physical or mental condition must be assessed by a Fitness Assessment Panel appointed by the Complaints Committee and comprising one or more suitably qualified persons as the Complaints Committee may determine. (2) The Fitness Assessment Panel must carry out the fitness 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 Fitness Assessment Panel must submit a report of the assessment to the Complaints Committee and, with the approval of the Complaints Committee, provide a copy of the report to the registered allied health professional. (4) 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.