HEALTH CARE COMPLAINTS ACT 1993 - SECT 16 Person against whom complaint made to be notified of complaint

HEALTH CARE COMPLAINTS ACT 1993 - SECT 16

16 Person against whom complaint made to be notified of complaint

(1) The Commission must give written notice of the making of a complaint, the nature of the complaint and the identity of the complainant to the person against whom the complaint is made. The notice must be given not later than 14 days after the Commission's assessment of the complaint under Division 4.

(2) If the Commission has assessed the complaint, the notice is to include the notice required to be given to the person under section 28.

(3) The Commission may give a copy of the complaint to the person against whom the complaint is made.

(4) This section does not require the Commission to give notice under this section if it appears to the Commission, on reasonable grounds, that the giving of the notice will or is likely to--

(a) prejudice the investigation of the complaint, or

(b) place the health or safety of a client at risk, or

(c) place the complainant or another person at risk of intimidation or harassment.

(5) Despite subsection (4), the Commission must give the notice if the Commission considers on reasonable grounds that--

(a) it is essential, having regard to the principles of natural justice, that the notice be given, or

(b) the giving of the notice is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.

(6) If the Commission decides that subsection (4) applies to a complaint but that some form of notice could be given of the complaint without affecting the health or safety of a client or putting any person at risk of intimidation or harassment, the Commission may give such a form of notice.

(7) On the expiration of each consecutive period of 60 days after the complaint is assessed, the Commission must undertake a review of a decision not to give notice under this section (or to give notice in some other form as referred to in subsection (6)) unless notice under this section has already been given or the Commission has discontinued dealing with the complaint.