39A. Alternative to bringing proceedings

    (1) Instead of making an allegation to the State Administrative Tribunal, if the Board is of the opinion that a proceeding before the Tribunal is not warranted by the nature of the allegations the Board, after affording to the person concerned the opportunity of giving an explanation to the Board either in person or in writing and the option thereafter of the matter proceeding before the Tribunal, may

    (a) order that the particulars entered in the Register in relation to that person be amended;

    (b) censure that person;

    (c) require that person to give an undertaking, either with or without security, for such period as is specified

    (i) in relation to his future conduct in a professional respect; or

    (ii) to comply with such conditions as are specified in relation to his practice;

    or

    (d) order that person to pay to the Board a penalty not exceeding $100.

    (2) The Board may, in addition to or in lieu of imposing any one or more of the penalties specified in subsection (1), order the person concerned to pay such costs and expenses of or incidental to the proceedings as the Board thinks fit.

    (3) Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid shall be recoverable in any court of competent jurisdiction as a debt due to the Board.

    [Section 39A inserted by No. 55 of 2004 s. 974.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.