HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 27

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—

            (a)         if satisfied that it is appropriate to do so after taking into account—

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

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

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

                  (iv)         any other matter considered relevant by the Commissioner; or

            (b)         if—

                  (i)         the complaint relates to the provision of a health or community service to a child; and

                  (ii)         the complainant first had notice of the circumstances giving rise to the complaint after May 2004.

        (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.

        (4)         This section does not apply in relation to a complaint made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016 .