Disciplinary / Complaints Procedures
 
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The provisions of the Act enable the Board to consider allegations against registered occupational therapists where it is considered that a practitioner may have committed a breach of the provisions of the Act or Regulations.

Allegations of misconduct in a professional respect or professional misconduct, if proven, may result in an occupational therapist being suspended, reprimanded and fined.

The Board does not have the ability to award costs to a complainant or order any refund of fees or other related matters.

1. When the Board receives a complaint against a registered occupational therapist, an acknowledgment letter is forwarded to the complainant, a copy of the allegation is provided to the occupational therapist, requesting his/her response to the allegation and a copy is forwarded to the Office of Health Review for their information. The response is requested by the next scheduled Board Meeting date, providing that this is more than 14 days before that meeting.
 
2. On receipt of the response from the occupational therapist, both the initial complaint and the response from the occupational therapist are included on the next available Agenda for consideration at a full meeting of the Board.
 
3. After consideration at a formal meeting of the Board, the Board may:
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a. Require additional information from either the complainant and/or the occupational therapist, before making a decision;
b. Resolve that the occupational therapist has not breached the Act;
c. Decide to appoint an Investigator in accordance with Sections 10A to 10I inclusive, or
d. Resolve that in its view, the occupational therapist or the unregistered person MAY have breached the Act.
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4. If the Board resolves that there has not been a breach of the Act, all parties are informed accordingly and no further action is taken. The likely timing of this procedure is six (6) to eight (8) weeks, depending upon the timing of the receipt of the complaint and the date of the next scheduled Board meeting.
 
5. If the Board resolves that there MAY have been a breach of the Act, the matter is referred to the Board's solicitors for advice on whether sufficient evidence exists to warrant referring the matter to the State Administrative Tribunal (SAT).
 
6. If the Board's solicitors advise that in their view, insufficient evidence exists to conduct a formal inquiry, the Board may resolve that no further action is warranted, and all parties would be so informed.
 
7. If the Board's solicitors advise that in their view, sufficient evidence does exist to warrant referring the matter to the SAT, the Board may resolve to do so. The Board then prepares an application under the SAT legislation for the matter to be heard by SAT and includes details of the allegation it is making against the occupational therapist. This procedure could take a considerable amount of time, in many instances exceeding several months.
 
8. The Board's solicitors then lodges the application with SAT.
 
9. The Board's solicitors then personally serve the occupational therapist with a copy of the application within 7 days after filing it at SAT (if they can't serve him within 7 days – then they ask the tribunal for more time and explain their efforts regarding service thus far).
 
10. The occupational therapist then has 14 days (after service) within which to respond to the application.
 
11. SAT then convenes a directions hearing that is attended by the Board's solicitor and the occupational therapist and/or his/her solicitor. At that hearing, SAT may require both or either party to produce documents, etc within specified timeframes. A directions hearing, if required, is usually held within a short time of the application being received. All people involved in the matter will be informed of the date by SAT.
 
12. The matter may be resolved at this stage, or a Tribunal member will give directions on how the matter will be handled and further information that is required.

At a directions hearing, the matter may be scheduled for:

  • mediation;
  • compulsory conference; or
  • final hearing.
13. SAT then convenes a hearing to hear the allegation. The Board's solicitor will present the case for the Board and introduce evidence and/or witnesses where applicable, while the occupational therapist's solicitor will have the opportunity to examine and cross-examine witnesses and to introduce evidence and/or witnesses on behalf of the occupational therapist. The Tribunal's final decision is delivered as soon as possible following the hearing, and reasons for the decision are given.
 
14. If the occupational therapist is found guilty by SAT of an offence pursuant to the Occupational therapists Act, SAT will also determine the penalty, which may include an order that:
 
a. the license of the occupational therapist may be suspended;
b. the occupational therapist may be reprimanded;
c. the occupational therapist be struck of the Register.

15. All parties are informed of the progress and outcome of the hearing and notices are placed in the Government Gazette and the OT Australia Newsletter. All State Registration Boards and OT Australia are also advised.
 
16. Neither SAT nor the Board have the power to order payment of compensation.
 
17. Each party to the matter, i.e. the Board and the occupational therapist, pay their own legal costs.
 
18. Most SAT decisions can be subject to appeal. Generally, appeals can be made on a question of law. The procedures set out in the State Administrative Tribunal Act allow an appeal to:
  • the Court of Appeal (of the Supreme Court), if the decision was made by a Tribunal that included a judicial member; or
  • the Supreme Court in all other SAT cases.
19.  If a complaint is heard by SAT, it is likely that the whole process, from receiving the complaint to a decision being handed down by SAT, may take at least six (6) months.
 
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