South Australian Consolidated Acts South Australian Consolidated Acts (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.