HEALTH CARE COMPLAINTS ACT 1993 - SECT 28A
Notification of other persons following assessment
HEALTH CARE COMPLAINTS ACT 1993 - SECT 28A
Notification of other persons following assessment
28A Notification of other persons following assessment
(1) The Commission is to use its best endeavours to give notification of the
outcomes of the assessment of a complaint to a client whose treatment is the
subject of the complaint and who is not required to be given notice under
section 28 unless the client--
(a) is deceased, or
(b) is incapable of
understanding the notification.
(2) If a complaint relates to the treatment
of a client at a hospital or other health care facility, the Commission is to
use its best endeavours to give notification of the outcomes of the assessment
of the complaint to any person recorded by the hospital or health care
facility as being a contact for the client.
(3) Without affecting the
Commission's obligations under subsections (1) and (2), the Commission may, if
it thinks it appropriate and it is practicable to do so, give notification of
the outcomes of the assessment of a complaint to any person who is associated
with a client whose treatment is the subject of the complaint (including a
legal representative of the client or of the estate of the client).
(4) The
Commission may only give notification to a person under subsection (2) or (3)
if the client concerned--
(a) is deceased, or
(b) is incapable of
understanding the notification and the client's authorised representative (as
defined in section 8 of the Health Records and Information Privacy Act 2002 )
has consented to the Commission giving the notification.
(5) On request by
the Commission, a person who is, or who conducts, a hospital or health care
facility is to supply the Commission with any information in its possession
that is necessary for the Commission to fulfil its obligations under
subsections (1) and (2). The information may be provided to the Commission
despite any other Act or law.
(6) This section does not require the
Commission to give notice of the outcomes of the assessment of a complaint if
it appears to the Commission, on reasonable grounds, that the giving of the
notice will--
(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, or
(d) unreasonably
prejudice the employment of the health practitioner in the case of a health
practitioner who has provided the health service in the capacity of an
employee.
(7) Despite subsection (6), 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.
(8) If the
Commission decides that subsection (6) 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 that form of notice.
(9) On the
expiration of each consecutive period of 60 days after the Commission has
decided to investigate a complaint, 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 (8)), unless notice under this section
has already been given or the Commission has discontinued dealing with the
complaint.
