Pharmacy Act 2007
Reference of complaints to preliminary proceedings committee for advice.
38.— (1) As soon as practicable after receiving a complaint, the Council shall refer it to the preliminary proceedings committee for its advice on whether there is sufficient cause to warrant further action being taken.
(2) The committee may—
(a) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint,
(b) require the complainant to give, by statutory declaration or otherwise, more information relating to the matter raised by the complaint,
(c) require the registered pharmacist or pharmacy owner to give such information in relation to the complaint as the committee specifies,
(d) invite the registered pharmacist or pharmacy owner to submit observations.
(3) A requirement under subsection (2)—
(a) must be in writing,
(b) must specify a reasonable time within which it is to be met,
(c) may be made along with or after another such requirement.
(4) The registered pharmacist or pharmacy owner may give the committee information although not required to do so and submit observations although not invited to do so.
(5) Before arriving at its advice on whether there is sufficient cause to warrant further action, the committee shall consider—
(a) any information given under this section, and
(b) whether the complaint is trivial, vexatious, or made in bad faith.