New South Wales Consolidated Acts

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

(b) to any person or body (other than a public health organisation or registration authority) if it appears that the complaint (or part) raises issues which require investigation by the other person or body.

(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.

(3) A public health organisation 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 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 Director-General under this section.

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

(6) In this section, "public health organisation" has the same meaning as in the Health Services Act 1997 .