South Australian Consolidated Acts

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 33

33—No further action on complaint

        (1)         The Commissioner may at any stage of proceedings under this Act determine to take no further action on a complaint, or to suspend action on a complaint, if the Commissioner considers or is satisfied that—

            (a)         the complainant is not entitled to make the complaint under this Act; or

            (b)         the complaint does not disclose a ground of complaint under this Act; or

            (c)         the matter should be determined by way of legal proceedings; or

            (d)         proceedings that relate to the subject matter of the complaint have been commenced before a tribunal, authority or other person or body; or

            (e)         the complainant has been given reasonable explanations or information and there would be no benefit in further entertaining the complaint; or

            (f)         the complainant is seeking to act on a ground that should have been disclosed by the complainant at an earlier time in accordance with the requirements of section 26(2); or

            (g)         the complaint lacks substance, is unnecessary or unjustifiable, or is frivolous, vexatious or not made in good faith; or

            (h)         the complainant has failed, without good reason, to comply with a requirement under this Act within a reasonable time, or to take a reasonable step in connection with making the complaint or proceeding with the complaint under this Act; or

                  (i)         the commencement or continuance of proceedings on the complaint would otherwise be an abuse of the processes under this Act; or

            (j)         the complaint has been resolved or abandoned; or

            (k)         there is some other reasonable cause that justifies the discontinuance or suspension of proceedings under this Act,

(and such a determination will have effect according to its terms).

        (2)         The Commissioner must take no further action on a complaint if the Commissioner is satisfied that all issues arising out of the subject matter of the complaint have been adjudicated by a court, tribunal, authority or other person or body acting under a law of the State, another State, a Territory or the Commonwealth.

        (3)         The Commissioner must suspend action on a complaint if the Commissioner is satisfied—

            (a)         that proceedings that relate to the subject matter of the complaint have been commenced before the court; or

            (b)         that an inquest that relates to the subject matter of the complaint has been commenced by a coroner.

        (4)         The Commissioner must, in a case where subsection (1), (2) or (3) applies, give written notice relating to the matter—

            (a)         to the complainant; and

            (b)         except where notice of the complaint has not been given to the health or community service provider, to the health or community service provider.

        (5)         The Commissioner may recommence action on a suspended complaint for any reasonable cause by giving written notice—

            (a)         to the complainant; and

            (b)         to the health or community service provider.