New South Wales Consolidated Acts

OSTEOPATHS ACT 2001 - SECT 35

35 How complaints are dealt with

(1) When a complaint is made, the Board may at any time decide:

(a) to refer the complaint for investigation by the Commission, or

(b) to refer the complaint to the Commission for conciliation or to be dealt with under Division 9 of Part 2 of the Health Care Complaints Act 1993 , or

(c) to refer the complaint to the Osteopathy Care Assessment Committee under Division 3, or

(d) to refer the matter to an Impaired Registrants Panel under Part 5, or

(e) to deal with the complaint by inquiry at a meeting of the Board under Division 4, or

(f) to refer the complaint to the Tribunal, or

(g) to deal with the complaint by directing the osteopath to attend counselling, or

(h) to deal with the complaint by providing advice or making recommendations to the osteopath, or

(i) to decline to deal with or dismiss the complaint.

(2) If the Commission recommends to the Board in accordance with the Health Care Complaints Act 1993 that a complaint (whether made under that Act or this Act) be dealt with by inquiry at a meeting of the Board under Division 4, the Board must comply with that recommendation (but only if the complaint is of a kind that can be made under this Act).

(3) The Board may decline to deal with a complaint if the osteopath concerned has ceased to be registered.

(4) The Board may decline to deal with a complaint if the complainant fails to provide further particulars required by the Board.

(5) A complaint may be withdrawn by the complainant at any time. The Board and the Commission are to consult as to whether the complaint should be proceeded with in the public interest.

(6) The Board is to notify the osteopath of any action taken by the Board under this section.