South Australian Consolidated Acts

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 27

27—Time within which a complaint may be made

        (1)         Subject to subsection (2), a complaint must be made within 2 years from the day on which the complainant first had notice of the circumstances giving rise to the complaint.

        (2)         The Commissioner may extend the period under subsection (1) in a particular case if satisfied that it is appropriate to do so after taking into account—

            (a)         whether a proper investigation of the complaint should still be possible; and

            (b)         whether the complaint should still be amenable to resolution under the provisions of this Act; and

            (c)         whether it would be in the public interest to entertain the complaint; and

            (d)         any other matter considered relevant by the Commissioner.

        (3)         For the purposes of subsection (1), a complainant will be presumed to have notice of the circumstances giving rise to the complaint at the time he or she might reasonably be expected to have had such notice.