HEALTH OMBUDSMAN ACT 2013 - SECT 140 When conciliation may happen if particular other relevant action is taken

HEALTH OMBUDSMAN ACT 2013 - SECT 140

140 When conciliation may happen if particular other relevant action is taken

(1) This section provides for when conciliation may start if the health ombudsman decides to take particular other relevant action to deal with the complaint.

(2) If the health ombudsman takes immediate action under part 7 , conciliation must not start until—

(a) the immediate action ends under section 62 or 73 ; or

(b) the time that conciliation may start under subsection (3) to (5) , whichever is relevant to the action taken by the health ombudsman after taking the immediate action.

(3) If the health ombudsman starts an investigation of a matter arising from the health service complaint under part 8 , the ombudsman must not start conciliation of the complaint until the investigation has been completed and an investigation report has been prepared.

(4) If the health ombudsman refers the matter to the National Agency or an entity of the State, another State or the Commonwealth under part 9 , conciliation must not start until the National Agency or other entity has finished dealing with the matter.

(5) If the health ombudsman refers the complaint to the director of proceedings under part 10 , division 2 , the ombudsman must not start conciliation of the complaint until—

(a) the matter of the complaint has been referred to QCAT and QCAT has decided the matter; or

(b) the director of proceedings has referred the complaint back to the health ombudsman to deal with under section 105 .

(6) However, despite subsections (2) to (5) , the health ombudsman may start conciliation of the complaint at any time if—

(a) the relevant health service provider has agreed to conciliation only for the purpose of arranging a financial settlement or other compensation with the complainant; and

(b) the health ombudsman is satisfied the conciliation will not compromise or interfere with the other action being taken by the health ombudsman or another entity to deal with the complaint.

(7) If the health ombudsman takes relevant action mentioned in subsection (2) to (5) and also starts conciliation under subsection (6) , the health ombudsman must advise the conciliator of the relevant action being taken.