Document ID: chunk:federal_register_of_legislation:C2012A00076:clause:2_79
Version: federal_register_of_legislation:C2012A00076
Segment Type: clause
Provision Reference: sch 2 cl 79
Character Range: 33273–35128

79  Subsections 106XA(2) to (4)
Repeal the subsections, substitute:
 (2) If the Director receives, from a Committee or the Determining Authority, a statement and material under subsection (1) in relation to conduct by a person under review, the Director must send the statement and material to:
 (a) a State or Territory body that is responsible for the administration of health services or the protection of public health and safety in the State or Territory in which the conduct occurred; and
 (b) each appropriate person or body for the person under review (see subsection (4)).

Opinion formed by Director
 (3) If, in the course of or in connection with the performance of functions or the exercise of powers (whether by the Director, the Director's nominee, a Committee or the Determining Authority) under this Part in relation to a person under review, the Director forms the opinion that any conduct by the person has caused, is causing, or is likely to cause, a significant threat to the life or health of any other person, the Director must:
 (a) prepare a written statement of his or her concerns; and
 (b) attach to the statement the material, or copies of the material, on which his or her opinion is based; and
 (c) send the statement and material to:
 (i) a State or Territory body that is responsible for the administration of health services or the protection of public health and safety in the State or Territory in which the conduct occurred; and
 (ii) each appropriate person or body for the person under review (see subsection (4)).

Meaning of appropriate person or body
 (4) For the purposes of paragraph (2)(b) and subparagraph (3)(c)(ii), an appropriate person or body for a person under review is a person or body that:
 (a) is specified in the regulations; and
 (b) has the power to take action against the person under review.