South Australian Consolidated Acts South Australian Consolidated Acts60—Referral of complaint to Commissioner
(1) If a
registration authority receives a complaint against a health or
community service provider that appears to be made by a person who is entitled
under section 24 to make a complaint and discloses a ground for complaint
specified in section 25(1), the registration authority must—
(a)
provide the Commissioner with relevant details of the complaint; and
(b)
consult with the Commissioner with respect to whether or not the complaint is
to be referred to the Commissioner.
(2) A
registration authority must, in consulting with the Commissioner under
subsection (1), provide to the Commissioner copies of any documents in
its possession that relate to the complaint and that are requested by the
Commissioner.
(3) If the
Commissioner and registration authority agree, the complaint may be referred
to the Commissioner.
(4) Subject to
subsection (5), 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 Act (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.
(5) 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 its registration Act, the registration authority may
proceed to deal with the complaint and the Commissioner must take no action on
the complaint (other than under section 64) unless or until the
registration authority refers the matter (or any aspect of the matter) to the
Commissioner.
(6) A complaint
referred to the Commissioner under this section will be taken to be a
complaint made to the Commissioner.
(7) A
registration authority is to take no further action on a complaint referred to
the Commissioner under this section unless the Commissioner refers the
complaint back to the registration authority.
(8) The Commissioner
and a registration authority may agree on protocols that relate to—
(a) the
consultation process referred to in subsection (1); and
(b) the
referral of complaints under this section.