Victorian Consolidated Legislation

Health Records Act 2001 - SECT 58

Duty to stop proceedings

58. Duty to stop proceedings



(1) The Health Services Commissioner must cease dealing with an issue raised
in a complaint if he or she-

   (a)  becomes aware that the complainant or respondent has begun legal
        proceedings which relate to that issue; or

   (b)  becomes aware that proceedings relating to that specific issue have
        been initiated before a court or tribunal; or

   (c)  considers that the issue should properly be dealt with by a court or
        tribunal.

(2) Within 14 days after ceasing to deal with a complaint under subsection
(1), the Health Services Commissioner must give written notice of the fact to
the complainant and the respondent.

(3) Despite subsection (1), the Health Services Commissioner-

   (a)  may, with the consent of the complainant and the respondent, continue
        dealing with the matter, but only by referring it to conciliation; and

   (b)  must cease dealing with the matter when the Health Services
        Commissioner becomes aware that a court or tribunal has commenced to
        hear a proceeding relating to the complaint.

(4) If the Health Services Commissioner has ceased dealing with an issue
raised in a complaint and later becomes aware that the complainant or the
respondent has withdrawn proceedings relating to the complaint, the Health
Services Commissioner may, with the consent of the complainant, re-open
proceedings under this Act.

(5) The Health Services Commissioner may continue to deal with a complaint
about a health service provider which the Commissioner has referred to the
appropriate registration board under section 52 unless the board asks the
Health Services Commissioner to suspend dealing with the complaint until the
board has completed the matter and advised the Health Services Commissioner of
the outcome under section 52(3).

Division 3-Conciliation of complaints