Victorian Consolidated Legislation

Health Records Act 2001 - SECT 56

What happens if a complaint is accepted?

56. What happens if a complaint is accepted?



(1) If the Health Services Commissioner decides to accept a complaint in whole
or in part, he or she may adopt one of the following options-

   (a)  if the Health Services Commissioner considers that it is reasonably
        possible that the complaint may be conciliated successfully under
        Division 3, he or she may decide to conciliate the complaint; or

   (b)  if the Health Services Commissioner-

   (i)  does not consider that it is reasonably possible that the complaint
        may be conciliated successfully under Division 3; or

   (ii) considers that the complaint is more likely to be resolved by the
        making of a ruling under Division 4- he or she may decide to proceed
        under Division 4; or

   (c)  if the Health Services Commissioner considers that, in the
        circumstances of the complaint, conciliation or the making of a ruling
        is inappropriate, he or she may decide to decline to further entertain
        the complaint.

(2) Subsection (1) does not apply to a complaint-

   (a)  that the Health Services Commissioner has declined to entertain under
        section 51 or dismissed under section 53; or

   (b)  that the Minister has referred to the Tribunal under section 54.

(3) In making a decision under subsection (1), the Health Services
Commissioner may take into account the wishes, if expressed, of the
complainant and the respondent.

(4) The Health Services Commissioner must notify the complainant and the
respondent in writing of his or her decision under subsection (1).

(5) A notice under subsection (4) must state that the complainant, by notice
in writing given to the Health Services Commissioner, may require the Health
Services Commissioner to refer the complaint to the Tribunal for hearing under
Division 6.