South Australian Consolidated Acts

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 must then allow the service provider and, if relevant, a registration authority, at least 28 days to make representations in relation to the matter.

        (5)         A service provider may, in making representations under subsection (4), advise the Commissioner of what action (if any) the service provider has taken, or intends to take, in response to the matters raised in the notice.

        (6)         After receipt of representations under subsection (4), or after the expiration of the period allowed under that subsection, 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.