HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 73

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 73

73—Adverse comments in reports

        (1)         The Commissioner must not include in a report under this Act a comment adverse to a person or body identifiable from the report except where the person or body has been given a reasonable opportunity—

            (a)         to make a submission to the Commissioner in relation to the proposed comment; and

            (b)         to provide to the Commissioner a written statement in relation to it.

        (2)         If a person or body referred to in subsection (1) so requests, the Commissioner must include in the report the statement given under subsection (1)(b) or a fair summary of it.

        (3)         The Commissioner is not required to provide to a person or body the opportunity referred to in subsection (1) if the Commissioner believes, on reasonable grounds, that awareness of the proposed comment by any person would directly or indirectly—

            (a)         put at risk the health or safety of a person; or

            (b)         result in a person receiving a health or community service of a lower standard than would otherwise have been provided; or

            (c)         prejudice the fair assessment of a complaint or an investigation under this Act.