Victorian Consolidated Legislation

Health Records Act 2001 - SECT 57

What happens if conciliation or ruling is inappropriate?

57. What happens if conciliation or ruling is inappropriate?



(1) Within 60 days after receiving the Health Services Commissioner's notice
under section 56(4), the complainant, by written notice, may require the
Health Services Commissioner to refer the complaint to the Tribunal for
hearing under Division 6.

(2) The Health Services Commissioner must comply with a notice under
subsection (1).

(3) If the complainant does not notify the Health Services Commissioner under
subsection (1), the Health Services Commissioner may dismiss the complaint.

(4) As soon as possible after a dismissal under subsection (3), the Health
Services Commissioner must, by written notice, notify the complainant and the
respondent of the dismissal.

(5) A complainant may take no further action under this Act in relation to the
subject-matter of a complaint dismissed under this section.