Section 29 of the Health Disciplines Act (HDA) outlines a preliminary investigation.
Once an investigator has been assigned to investigate a registered practitioner, according to Section 29(4), “the preliminary investigator may request any person to produce…any models, charts, documents, papers, notes, records, radiographs or other material or items in the person’s possession or under the person’s control as well as to attend the preliminary investigation.”
The preliminary investigator may copy or keep copies of any of the items produced; and may investigate any other matter regarding the investigated person that arises in the course of the preliminary investigation.
Role Of The Registered Member During a Preliminary Investigation
Section 29 (7) of the HDA states that, “if a registered practitioner does not co-operate with a preliminary investigator, the preliminary investigator may make a complaint in writing to the committee, and failure or refusal to co-operate may be held by the committee to be professional misconduct.”
Conclusion of Investigation
Once a preliminary investigation is completed, a report is completed by the investigator and forward to either the Registrar or the Chair of the Conduct and Competency Committee.
The Registrar or the Chair may (as per Section 30 of the HDA) either direct that no further action be taken if the complaint is frivolous or vexatious or if there is insufficient evidence OR refer the matter to the committee.