HEALTH CARE COMPLAINTS ACT 1993 - SECT 26 Reference of complaint to another person or body for investigation or other action

HEALTH CARE COMPLAINTS ACT 1993 - SECT 26

26 Reference of complaint to another person or body for investigation or other action

(1) Following the assessment, the Commission may refer a complaint (or any part of a complaint)--

(a) to an appropriate public health organisation or the licensee of a private health facility if it appears that the complaint (or part) may be capable of resolution at a local level and the public health organisation or licensee consents, or

(b) to a person or body, other than a public health organisation, the licensee of a private health facility or a professional council, if it appears that--

(i) the complaint (or part) raises issues which require investigation by the person or body, or

(ii) the person or body is able to take some other appropriate action regarding the complaint (or part).

(2) However, the Commission must continue to deal with the matter the subject of the complaint (or part) if it appears to the Commission that--

(a) the matter raises a significant issue of public health or safety, or

(b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or

(c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation.

(3) A public health organisation or the licensee of a private health facility to which a complaint (or part) is referred under this section may refer the complaint (or part) back to the Commission if it is unable to resolve it or the public health organisation or licensee considers that the matter is appropriate to be dealt with under Division 8 or 9.

(4) If a complaint (or part) has been referred back to the Commission under subsection (3), the Commission must assess the complaint (or part) again in accordance with this Division.

(5) The Commission may not refer a complaint (or part) to the Health Secretary under this section.

Note : The Commission may refer a complaint to the Health Secretary under section 25 or 25A but only with the consent of the Health Secretary.

(6) In this section--


"licensee" and
"private health facility" have the same meanings as they have in the Private Health Facilities Act 2007 .


"public health organisation" has the same meaning as in the Health Services Act 1997 .