(1) If a relevant Council considers that a complaint is sufficiently serious to warrant an investigation, it shall, subject to subsection (2), give notice of the complaint to the health practitioner who is the subject of the complaint.
(2) A notice under subsection (1) shall—
(a) be accompanied by a copy of the complaint or shall set the particulars of the complaint;
(b) be served personally or sent by post;
(c) require the complainant to appear before the relevant Council to give an explanation of the complaint;
(d) state that the health practitioner is entitled to make submissions when appearing before the relevant Council;
(e) state that the health practitioner may be assisted by another person including an attorney-at-law for advisory purposes only when appearing before the relevant Council;
(f) state that the appearance before the relevant Council is not open to the public; and
(g) specify the date, time and place at which the health practitioner is required to appear.
(3) A notice under subsection (1) may contain any other information that the relevant Council considers necessary or expedient.
(4) The date specified under subsection (2)(g) shall not be less than 14 days after the date on which the notice is served or delivered.
(5) The relevant Council shall notify the complainant as it thinks fit of any action taken under this section.
(6) At a meeting of the relevant Council convened for the purposes of this section, the health practitioner—
(a) is entitled to make submissions when appearing before the relevant Council; and
(b) may be assisted by another person including an attorney at law for advisory purposes only, when appearing before the Council.
(7) A meeting convened for the purposes of this section is not open to the public.
(8) The relevant Council shall not take any further action in respect of a complaint unless, after considering the explanation of the health practitioner, it is satisfied that the health practitioner has a case to answer.
(9) If the relevant Council is satisfied, after investigation and considering the explanation and any submissions made under subsection (6), that the health practitioner has a case to answer, the relevant council may take one or more of the following actions as it considers appropriate having regard to the subject of the inquiry and its findings—
(a) cancel or suspend the registration of the health practitioner;
(b) subject to sections 111 and 112, suspend or revoke the practicing certificate or the licence of the health practitioner;
(c) impose a fine on the health practitioner not exceeding $15,000;
(d) impose on the health practitioner a condition subject to which he or she may continue to practice;
(e) require the health practitioner to take or refrain from taking a specified action;
(f) caution or reprimand the health practitioner; or
(g) dismiss the complaint.
(10) If the complaint relates to a matter referred to in paragraph (a) or (b) of section 105(1), the relevant Council shall, unless it dismisses the complaint or clears the health practitioner, take at least the action specified in paragraphs (a) and (b) of subsection (9).
(11) If the relevant Council imposes a fine under subsection (9)(c), it shall specify a period within which the fine shall be paid.
(12) For the purposes of subsection (9)(f), but without limiting that provision, the Council may require that the health practitioner be subject to periodic supervision or inspection as may be determined by the relevant Council.
(13) The relevant Council as an alternative to taking action against a health practitioner under subsection (9) may accept an undertaking from the health practitioner to take or refrain from taking specified action, either generally or within a specified period of time.
(14) A fine imposed by the relevant Council on a health practitioner under subsection (9) is a debt payable by the health practitioner to the Council.