HEALTH CARE COMPLAINTS ACT 1993 - SECT 20A
Duty of Commission to review assessment of complaint
HEALTH CARE COMPLAINTS ACT 1993 - SECT 20A
Duty of Commission to review assessment of complaint
20A Duty of Commission to review assessment of complaint
(1) The Commission is to keep under review its assessment of a complaint while
it is dealing with the complaint.
(2) At any time while dealing with a
complaint (including during or at the end of the investigation of a complaint)
and after consultation with the appropriate professional council, the
Commission may revise its assessment of the complaint and take any of the
following actions--
(f) change the person whose conduct appears to be the subject of the
complaint or include another person as a person whose conduct appears to be
the subject of the complaint,
(g) add to, substitute, amend or delete any of
the specific allegations comprising the complaint (including add an allegation
arising out of an investigation of the complaint that may not be the
particular object of the complaint).
Note : Section 56 limits the
Commission's power to investigate a matter that has been dealt with under
Division 8.
(3) If the Commission revises its assessment of a complaint to
include another person as referred to in subsection (2) (f), sections 16 and
28 apply to the giving of notice to that person as if a reference in those
sections to the assessment of the complaint were a reference to the revision
of the assessment under this section.
(4) If the Commission revises its
assessment of a complaint and as a result determines that the conduct of a
person previously being investigated by the Commission will no longer be
investigated or that different conduct of the person will be investigated, the
Commission is to give the person notice in writing that the person's conduct
is no longer under investigation or that other conduct of the person is now
under investigation (as appropriate).
(5) In this section,
"complaint" includes any part of a complaint.