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HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 30

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 30

30—Preliminary inquiries

        (1)         The Commissioner may, in such manner as the Commissioner thinks fit, undertake a preliminary inquiry in connection with making a determination under section 29.

        (2)         For the purposes of an inquiry, the Commissioner may require a health or community service provider to provide information, or any response or explanation, about any matter relevant to the inquiry.

        (3)         The Commissioner must specify a reasonable period within which a health and community service provider is to comply with a requirement under subsection (2).

        (4)         The Commissioner may extend the period specified under subsection (3) (whether before or after its expiry).

        (5)         A health or community service provider must comply with a requirement under subsection (2).

Maximum penalty: $10 000.

        (6)         However, a person is not obliged to comply with a requirement under subsection (2) if to do so might tend to incriminate the person or make the person liable to a criminal penalty.

        (7)         During the conduct of a preliminary inquiry, the Commissioner may assist the parties towards resolution of the complaint through informal mediation.

        (8)         Informal mediation should not occur 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.

        (9)         Informal mediation will occur in such manner, and subject to such conditions, as the Commissioner thinks fit.

        (10)         Anything said or done during an informal mediation, other than something that reveals a significant issue of public safety, interest or importance, is not to be disclosed in any other proceedings (whether under this or any other Act or law) except by consent of the parties.

        (11)         An informal mediation must be brought to an end—

            (a)         if the informal mediation reveals, in the opinion of the Commissioner

                  (i)         a significant issue of public safety, interest or importance; or

                  (ii)         a significant question as to the practice of a health or community service provider; or

            (b)         at the request of a party to the informal mediation.

        (12)         The Commissioner may bring an informal mediation to an end at any time.

        (13)         For the purposes of conducting any inquiry or informal mediation under this section, the Commissioner may obtain the assistance of a professional mentor.

        (14)         The Commissioner may discuss any matter relevant to making a determination under section 29 or with respect to the operation of this section with a professional mentor.