HEALTH CARE COMPLAINTS ACT 1993 - SECT 23
Investigation of complaint
HEALTH CARE COMPLAINTS ACT 1993 - SECT 23
Investigation of complaint
23 Investigation of complaint
(1) The Commission must investigate a complaint--
(a) if, under section 13
(1), the appropriate professional council is of the opinion that the complaint
should be investigated, or
(b) if, following assessment of the complaint, it
appears to the Commission that the complaint--
(i) raises a significant issue
of public health or safety, or
(ii) raises a significant question as to the
appropriate care or treatment of a client by a health service provider, or
(iii) if substantiated, would provide grounds for disciplinary action against
a health practitioner or relevant health organisation, or
(iv) if
substantiated, would involve gross negligence on the part of a health
practitioner, or
(v) if substantiated, would result in the health
practitioner or relevant health organisation being found guilty of an offence
under Division 1 or 3 of Part 7 of the Public Health Act 2010 .
(2) A
complaint is to be investigated in accordance with Division 5.
(4) The
Commission may investigate a complaint despite any agreement the parties to
the complaint may have reached concerning the complaint.