HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 55
HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 55
55—Notice of action to providers
(1) If, after
investigating a complaint, the Commissioner decides that the complaint is
justified but appears to be incapable of being resolved, the Commissioner
may—
(a)
provide to the health or community service provider a notice of recommended
action; and
(b)
advise the complainant of the provision of the notice.
(2) A notice must set
out—
(a) the
particulars of the complaint; and
(b) the
reasons for making the decision referred to in subsection (1); and
(c) any
action that the Commissioner considers the health or community
service provider should take in order to remedy each unresolved grievance
disclosed by the complaint.
(3) If the service
provider is a registered service provider, the Commissioner must provide a
copy of the notice to the relevant registration authority.
(4) The Commissioner
may require the health or community service provider to, in connection with
the provision of a notice under subsection (1), outline to the
Commissioner what action (if any) the service provider has taken, or intends
to take, in response to the matters raised in the notice.
(5) The Commissioner
must allow the service provider and, if relevant, a registration authority, at
least 28 days to make representations in relation to the matter and, in
the case of the service provider, to comply with a requirement under
subsection (4).
(6) After receipt of
representations under subsection (4), or after the expiration of the
period allowed under subsection (5), the Commissioner may publish a
report or reports in relation to the matter in such manner as the Commissioner
thinks fit.
(7) The Commissioner
must, before publishing a report under subsection (6), provide a copy of
the report to the relevant health or community service provider and then allow
the service provider at least 14 days to make representations in relation to
the content of the report.
(8) A report under
this section may include such material, comments, commentary, opinions or
recommendations as the Commissioner considers appropriate.
(9) The Commissioner
may provide copies of a report to such persons as the Commissioner thinks fit.
(10) The Commissioner
must provide a copy of a report to any complainant and service provider that
has been a party to the relevant proceedings.
(11) No action lies
against the Commissioner in respect of the contents of any document published
by the Commissioner under this section.