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Section 13: Preliminary investigation by Council

Nursing Council Act · PART II: THE COUNCIL

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Preliminary investigation by Council (1) The Council may investigate any complaint of dishonest practices, negligence, professional misconduct or malpractice, infamous conduct, or any breach of the Code of Practice against a registered person, provided that in the case of a public officer, the prior approval of the responsible officer is obtained. (2) Where the Council investigates a complaint— (a) it shall notify the person whose conduct, act or omission is under investigation of the nature of the complaint; (b) it may summon and hear the person; (c) it may summon and hear witnesses; and (d) it may call for relevant documents and make such copies thereof as it thinks fit. (3) The Council shall keep a proper record of its proceedings under subsection (2). (4) Notwithstanding section 9 (1), for the purposes of an investigation under subsection (1), the Council may appoint an Investigating Committee of not less than 3 members. (5) Where, in the course of an investigation, a person refuses to give evidence or to communicate any document, on the ground of confidentiality, the Registrar may apply to a Judge sitting in Chambers for an order directing that person to disclose the evidence required or to communicate any document needed for the purposes of the investigation. (6) The Judge shall make an order under subsection (5) where he is satisfied that the information or document the disclosure of which is sought is bona fide required for the purposes of the investigation. N39 – 7 [Issue 1] Nursing Council Act

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