Victorian Consolidated Legislation

Health Records Act 2001 - SECT 63

What happens if conciliation fails?

63. What happens if conciliation fails?



(1) If the Health Services Commissioner has attempted unsuccessfully to
conciliate a complaint, he or she-

   (a)  must decide whether to investigate the complaint under Division 4 or
        to take no further action in respect of the complaint; and

   (b)  must notify the complainant and the respondent in writing.

(2) A notice under subsection (1) must state that the complainant, by notice
in writing given to the Health Services Commissioner-

   (a)  may require the Health Services Commissioner to refer the complaint to
        the Tribunal for hearing under Division 6; and

   (b)  if the Health Services Commissioner proposes to investigate the
        complaint, may object or agree to the investigation.

(3) If the Health Services Commissioner proposes to take no further action in
respect of a complaint, the complainant, by written notice to the Health
Services Commissioner within 60 days after receiving the notice under
subsection (1), may require the Health Services Commissioner to refer the
complaint to the Tribunal for hearing under Division 6.

(4) If the Health Services Commissioner proposes to investigate a complaint
under Division 4, the complainant, by written notice to the Health Services
Commissioner within 60 days after receiving the notice under subsection (1)-

   (a)  may object to the investigation and may require the Health Services
        Commissioner to refer the complaint to the Tribunal for hearing under
        Division 6; or

   (b)  may agree to the investigation.

(5) The Health Services Commissioner must comply with a notice under
subsection (3) or (4)(a).

(6) If the complainant does not notify the Health Services Commissioner under
subsection (3) or (4), the Health Services Commissioner must dismiss the
complaint.

(7) If the complainant objects to the investigation but does not require the
Health Services Commissioner to refer the complaint to the Tribunal for
hearing under Division 6, the Health Services Commissioner must dismiss the
complaint.

(8) As soon as possible after a dismissal under subsection (6) or (7), the
Health Services Commissioner must, by written notice, notify the complainant
and the respondent of the dismissal.

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

(10) If a complainant agrees to an investigation of the complaint, the Health
Services Commissioner-

   (a)  must notify the respondent in writing that an investigation will be
        conducted; and

   (b)  must investigate the complaint as soon as practicable after receipt of
        the notice under subsection (4)(b).

Division 4-Investigation, rulings and compliance notices