HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 57

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 57

57—Complaints received by Commissioner that relate to registered service providers

        (1)         If the Commissioner receives a complaint that involves a registered service provider, the Commissioner should consult with the relevant registration authority about the management of the complaint unless—

            (a)         the matter is resolved through informal mediation under Part 4 Division 2; or

            (b)         the Commissioner determines to take no further action on the complaint under Part 4 Division 3.

        (2)         If the Commissioner and the registration authority agree, the complaint may be referred to the registration authority.

        (3)         Subject to subsection (4), if the Commissioner and a registration authority fail to reach an agreement as to whether the Commissioner or the registration authority should deal with the complaint—

            (a)         the party (either the Commissioner or the registration authority) that considers that the complaint warrants investigation will be responsible for conducting such an investigation under the provisions of this Act or the relevant registration law (as the case may be) and the other party must take no further action pending the outcome of that investigation; or

            (b)         if both parties consider that the complaint warrants investigation, the registration authority must comply with the written decision of the Commissioner on the matter.

        (4)         If the registration authority is of the view that without further investigation there are sufficient grounds for the matter to be heard as a disciplinary proceeding in accordance with the relevant registration law, the Commissioner must refer the complaint to the registration authority and take no action (other than under section 64) unless or until the registration authority refers the matter (or any aspect of the matter) back to the Commissioner.

        (5)         If a complaint relates to a nationally registered health practitioner, the matter will proceed under Part 8 of the Health Practitioner Regulation National Law (South Australia) rather than under a preceding subsection.

        (6)         The Commissioner and a registration authority may agree on protocols that relate to—

            (a)         the consultation processes referred to in subsection (1); and

            (b)         the referral of complaints between the Commissioner and the registration authority after taking into account the principles reflected by this section and the Health Practitioner Regulation National Law (South Australia) , as may be relevant.