Queensland Consolidated Acts

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NURSING ACT 1992 - SECT 103

103 Investigation by council

(1) This section applies if a person is to be investigated because of--

(a) a complaint under section 102AA; or
(b) a complaint referred to the council by the commission; or
(c) the suspension of the registration or enrolment of a nurse under section 67(1); or
(d) a decision by the council, on its own initiative, to investigate a nurse, midwife or another person authorised to practise nursing.

(1A) The investigation must be conducted by an inspector.

(2) The executive officer must notify the person against whom the complaint is made of the council's decision to conduct an investigation.

(3) A person does not incur civil liability for the disclosure to an inspector of information or documents relating to the person the subject of the complaint.

(4) The inspector must--

(a) give the person an opportunity during the course of the investigation to make formal submissions to the inspector; and
(b) if subsection (1)(a) applies--give the person particulars of the complaint.

(5) On conclusion of the investigation, the inspector must give--

(a) to the council--a written report, in reasonable detail, of--
(i) findings about the complaint or other matter the subject of the investigation; and
(ii) opinions based on the findings; and
(b) to the person--a written outline of the report and general particulars of findings adverse to the person.

(6) If the executive officer suspects, on reasonable grounds, that the person may be suffering from an addiction to alcohol or drugs or another condition that impairs the person's ability to practise nursing or midwifery, the officer may, by written notice, direct the person to undergo an assessment by the panel under division 5.

(7) The council must bear the cost of the assessment unless the council determines that the whole or a part of the cost should be borne by the person.

(8) The panel must give a written report of its assessment to the council.

(9) The council must give a copy of the report to the person the subject of the complaint or, if it considers it appropriate, the person's medical practitioner.



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