New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 13

13 The outcomes of consultation

(1) If either the Commission or the appropriate registration authority is of the opinion that a complaint (or any part of a complaint) should be investigated, it must be investigated.

(2) If:

(a) neither the Commission nor the appropriate registration authority is of the opinion that the complaint (or part) should be investigated, but

(b) either is of the opinion that it should be referred to the registration authority for consideration as to whether the registration authority should take any action under the relevant health registration Act (such as performance assessment or impairment assessment),

it must be referred to the registration authority under section 25B.

(2A) If either the Commission or the appropriate registration authority is of the opinion that an associated complaint that has been discontinued or terminated and to which regard was given during consultation:

(a) should be reopened or investigated-the complaint must be reopened and investigated in accordance with Division 5, or

(b) should be referred to the appropriate registration authority for consideration as to whether the registration authority should take any action under the relevant health registration Act-the complaint must be so referred,

as if it had not been discontinued or terminated.

(3) If:

(a) neither the Commission nor the appropriate registration authority is of the opinion that the complaint (or part) should be investigated or referred to the registration authority, but

(b) either is of the opinion that it should be referred for conciliation and the Registrar considers that it is appropriate for conciliation,

the Commission is to refer the complaint for conciliation under Division 8.

Note: Only the Medical Practice Act 1992 and the Nurses and Midwives Act 1991 contain provisions relating to performance assessment.