Western Australian Numbered Acts Western Australian Numbered Acts (1) If the
Board —
(a) is
of the opinion that a proceeding before the Tribunal is not warranted by the
nature of the allegation;
(b) has
afforded to the person concerned the opportunity of giving an explanation to
the Board either in person or in writing and is not satisfied by any
explanation offered; and
(c) has
afforded to the person concerned the option of the matter proceeding before
the Tribunal and that option has not been taken up,
the Board, instead of
making an allegation to the State Administrative Tribunal under
section 58(1), may —
(d) if
the person is an optometrist, order that the particulars entered in the
register in relation to that person be amended;
(e)
caution or reprimand that person;
(f) if
the person is an optometrist, require that person to give an undertaking to
the Board, either with or without security, for such period as is
specified —
(i)
in relation to his or her future conduct as an
optometrist; or
(ii)
to comply with such conditions as are specified in
relation to his or her practice;
or
(g)
order that person to pay to the Board a penalty not exceeding $2 500.
(2) The Board may, in
addition to or instead of imposing one or more of the penalties specified in
subsection (1), order the person concerned to pay such costs and expenses
of or incidental to the proceedings as the Board thinks fit.
(3) Where any penalty,
costs or expenses are ordered to be paid under this section the amount ordered
to be paid is recoverable in any court of competent jurisdiction as a debt due
to the Board.
(4) Within 7 days
of making a decision under subsection (1)(d) to (g) or (2), the
Board is to give written notice to the complainant, if any, and the respondent
of the decision together with short particulars of the reasons for the
decision.