HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 34

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 34

34—Withdrawal of complaint

        (1)         A complainant may withdraw a complaint at any time by written notice to the Commissioner.

        (2)         If a complaint is withdrawn—

            (a)         any investigation under this Act in relation to the matter will cease unless the Commissioner has determined to conduct or continue an investigation under section 43(1)(c); and

            (b)         the Commissioner must—

                  (i)         if the health or community service provider has been notified of the receipt of the complaint—notify that provider of the withdrawal within 14 days; and

                  (ii)         if the Commissioner has determined to conduct or continue an investigation under section 43(1)(c)—advise the health or community service provider about the effect of the determination despite the withdrawal of the complaint.

        (3)         If the Commissioner has referred a complaint to another person or body under this Act, the withdrawal of that complaint under subsection (1) does not affect the performance and exercise by the person or body of his, her or its functions and powers in respect of the matters raised by or in the complaint.