HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 29
HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 29
(1) The Commissioner
must assess a complaint and make a determination in accordance with this
section within 45 days after receiving it (or within such longer period as may
be necessary in view of any delays that have occurred while the Commissioner
or another person takes steps required by or under this Act, or while the
Commissioner is undertaking a preliminary inquiry under section 30).
(2) Subject to this
Act, the Commissioner may—
(a)
refer the complaint to a conciliator under Part 5; or
(b)
investigate the complaint under Part 6; or
(c) if
the complaint is against or directly involves a registered service provider,
deal with the complaint under Part 7; or
(d) if
of the opinion that the complaint relates to a matter that falls within the
functions conferred on another person or body and that it is appropriate in
the circumstances to make a referral under this provision, refer the complaint
to the other person or body; or
(e)
determine to take no further action on the complaint.
(3) If a complaint is
against or directly involves an approved provider under the Aged Care Act 1997
of the Commonwealth—
(a) the
Commissioner must consult with the relevant complaints resolution bodies under
that Act about the management of the complaint; and
(b) the
Commissioner may refer the complaint to another authority for investigation or
resolution under that Act; and
(c) the
Commissioner may provide information and assistance to another authority
concerned with the investigation or resolution of the complaint under that
Act.
(4) The Commissioner
must not refer a complaint to a conciliator if the complaint appears to the
Commissioner to indicate—
(a) the
existence of a significant issue of public safety, interest or importance; or
(b) a
significant question as to the practice of a health or community
service provider.
(5) A complaint should
not proceed under this Act if it appears to the Commissioner that the
complainant has failed, without good reason, to take reasonable steps to
resolve the matter with the relevant health or community service provider
before making the complaint.
(6) Within 14 days
after making a determination under subsection (1), the Commissioner must
provide written notice of the determination—
(a) to
the complainant; and
(b)
except where the Commissioner has determined to dismiss the complaint, to the
health or community service provider.
(7) In
subsection (1), "complaint" includes a complaint that has been referred,
or referred back to the Commissioner, by the State Ombudsman, a
registration authority or other person or body referred to in
subsection (2).