❓ Hon Helen Morton questions the absence of appeal avenues for complainants regarding decisions made by the Psychologists Board and seeks potential legislative amendments. The response clarifies limited appeal options via the State Administrative Tribunal and alternative actions.
AnsweredQoN 6299Legislative Council
QuestionView source ↗
(1) Is there any provision for a member of the public who is a complainant, to appeal a decision of the Psychologists Board to dismiss a complaint, or the action taken by the Board against a psychologist who is the subject of a complaint?
(2) If yes to (1), please outline the avenues of appeal and where they appear in the
Psychologists Act 2005
?
(3) If no to (1), was this the intention of the
Psychologists Act 2005
, and if so, why was it intended that complainants who are members of the public would not be able to appeal such decisions?
(4) If no to (1), is it desirable to amend the legislation to enable complainants to appeal such decisions?
(5) If no to (4), why not?
(6) If desirable, will you seek to review this part of the
Psychologists Act 2005
and other health practitioner Acts, which similarly
Psychologists Act 2005
have omitted to provide an avenue for members of the public who are complainants, to appeal decisions of the Board to dismiss their complaint or the action taken by the Board against a health practitioner who is the subject of a complaint?
(2) If yes to (1), please outline the avenues of appeal and where they appear in the
Psychologists Act 2005
?
(3) If no to (1), was this the intention of the
Psychologists Act 2005
, and if so, why was it intended that complainants who are members of the public would not be able to appeal such decisions?
(4) If no to (1), is it desirable to amend the legislation to enable complainants to appeal such decisions?
(5) If no to (4), why not?
(6) If desirable, will you seek to review this part of the
Psychologists Act 2005
and other health practitioner Acts, which similarly
Psychologists Act 2005
have omitted to provide an avenue for members of the public who are complainants, to appeal decisions of the Board to dismiss their complaint or the action taken by the Board against a health practitioner who is the subject of a complaint?
AnswerView source ↗
Answered
29 May 2008
Responded by
Minister for Child Protection representing the Minister for Health
Response time
22 days
(1 - 2) Section 100 of the
Psychologists Act 2005
provides that persons may apply to the State Administrative Tribunal for a review of a decision by the Board when registration is refused or an interim or summary order of the Board is made.
If the complainant is not satisfied with the outcome they may take civil action against the psychologist if they believe they have suffered a detriment or make a complaint to the Police Service of Western Australia if applicable.
(3 - 5) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
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Psychologists Act 2005
provides that persons may apply to the State Administrative Tribunal for a review of a decision by the Board when registration is refused or an interim or summary order of the Board is made.
If the complainant is not satisfied with the outcome they may take civil action against the psychologist if they believe they have suffered a detriment or make a complaint to the Police Service of Western Australia if applicable.
(3 - 5) Not applicable.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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