HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 43

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 43

43—Matters that may be investigated

        (1)         The Commissioner may investigate—

            (a)         any matter specified in a written direction given by the Minister; and

            (b)         a complaint that the Commissioner has determined to investigate under this Act; and

            (c)         an issue or question arising from a complaint if it appears to the Commissioner—

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

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

            (d)         on his or her own motion, any other matter relating to the provision of health or community services in South Australia.

        (2)         An investigation under subsection (1)(c) may be carried out whether or not—

            (a)         the process of assessment of the relevant complaint has been completed; or

            (b)         any process of conciliation of the relevant complaint has been completed; or

            (c)         the relevant complaint has been withdrawn; or

            (d)         the Commissioner has decided not to take action (or further action) on the relevant complaint.

        (3)         Despite subsection (2), an investigation referred to in subsection (1)(c) should not be carried out to the extent that it interferes with a process of conciliation.

        (4)         The Commissioner is not required to cease an investigation referred to in subsection (1)(b) or (c) only because the relevant complaint has been resolved.

        (5)         Without limiting the operation of a preceding subsection, an investigation under subsection (1)(c) may be carried out on the basis of fresh evidence that comes to the attention of the Commissioner following the completion of a particular investigation.