(1) The Commissioner must assess a complaint within 45 days after
receiving it.
(1A) On assessing a complaint under subsection (1) –
(a) if the Commissioner is of the opinion that it is appropriate to do so
because the complaint relates to a matter that falls within the functions
imposed on the Ombudsman, a relevant registration board or other person by a
law of Tasmania, another State, a Territory or the Commonwealth, the
Commissioner may refer the complaint to the Ombudsman, the relevant
registration board or the other person; or
(b) if the Commissioner is of the opinion that it is appropriate to do so, the
Commissioner may –
(i) refer the complaint to a conciliator for conciliation under Part 5 ;
or
(ii) investigate the complaint under Part 6 ; or
(iii) dismiss the complaint.
(1B) The Commissioner may refer a complaint to both a relevant
registration board and a conciliator or defer the matter of conciliation until
the relevant registration board has reported to him or her on the matter.
(1C) The Commissioner may extend the period for assessment referred to
in subsection (1) for an additional period not exceeding 45 days
if –
(a) the Commissioner has, under section 25A , attempted to facilitate the
early resolution of the complaint and the attempt has been unsuccessful; or
(b) the Commissioner considers it necessary for the purposes of assessment to
extend the period.
(1CA) If there is a delay in obtaining information sought by the
Commissioner, the Commissioner may extend the period referred to in
subsection (1) for such time as is necessary to allow the provision and
consideration of the requested information.
(1D) The Commissioner must notify the complainant and the relevant
health service provider of any extension of the period for assessment under
subsection (1C) or (1CA) .
(1E) Nothing in this section prevents the early resolution of a
complaint under section 25A .
(2) In subsection (1) , complaint includes a complaint or notification
that has been referred, or referred back, to the Commissioner by the
Ombudsman, a registration board or a person referred to in that subsection.
(2A) For the purposes of subsection (2) , a notification which is
or is to be dealt with by the Commissioner by reason of the provisions or
operation of section 150 of the Health Practitioner Regulation National
Law (Tasmania) is taken to have been referred to the Commissioner by the
National Board to which the notification was made.
(3) The Commissioner must not refer a complaint to a registration board
without first consulting that board.
(4) The Commissioner must not refer a complaint to a conciliator if
–
(a) the complaint appears to the Commissioner to indicate –
(i) the existence of a significant issue of public safety or public interest;
or
(ii) a significant question as to the practice of a health service provider;
or
(b) section 64 would prevent the Commissioner from disclosing to the health
service provider information that would enable the health service user to be
identified.
(5) The Commissioner must dismiss a complaint if satisfied that –
(a) the complainant is not a person entitled to make a complaint under section
22 ; or
(b) the complaint does not disclose a subject matter of complaint referred to
in section 23 ; or
(c) the health service user became aware of the circumstances that gave rise
to the complaint more than 2 years before the complaint was made; or
(d) the complainant has failed, without good reason, to take reasonable steps
to resolve with the health service provider the grievance on which the
complaint is based; or
(e) all the issues arising out of the subject matter of the complaint have
been adjudicated upon by a court, tribunal, board or other person established
by or under a law of Tasmania, the Commonwealth, a Territory or another State;
or
(f) a court has commenced to hear a proceeding that relates to the subject
matter of the complaint; or
(g) the complainant has been given reasonable explanations and information and
there would be no benefit in further entertaining the complaint; or
(h) the complaint lacks substance; or
(i) the complaint is frivolous, vexatious or was not made in good faith; or
(j) the complaint has been resolved.
(6) Subsection (5) (c) does not apply where the Commissioner is satisfied that the complainant had good reason for not making the complaint within 2 years of becoming aware of the circumstances that gave rise to it.
(7) Where the Commissioner has made a requirement on a complainant under
section 24 (1) , the Commissioner may dismiss the complaint if –
(a) the period for satisfying the requirement has expired; and
(b) after the expiration of that period, the Commissioner notified the
complainant in writing that the complaint might be dismissed unless the
requirement was satisfied within 14 days after the notice was provided; and
