New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 28A

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.