HEALTH RECORDS ACT 2001 - SECT 66 Compliance notice
HEALTH RECORDS ACT 2001 - SECT 66
Compliance noticeS. 66(1) amended by No. 22/2016 s. 211(a).
(1) The Health Complaints Commissioner may serve a compliance notice on the organisation, if it appears to him or her that—
(a) the organisation has done an act or engaged in a practice in contravention of this Act; and
(b) the act or practice—
(i) constitutes a serious or flagrant contravention; or
(ii) is of a kind that has been done or engaged in by the organisation on at least 5 separate occasions within the previous 2 years.
S. 66(2) amended by No. 22/2016 s. 211(b).
(2) A compliance notice requires the organisation to take specified action within a specified period for the purpose of ensuring compliance with this Act and to report the taking of that action to the Health Complaints Commissioner in a specified manner within a specified period after taking that action.
S. 66(3) amended by No. 22/2016 s. 211(c).
(3) If the Health Complaints Commissioner is satisfied, on the application of an organisation on which a compliance notice is served, that it is not reasonably possible to take the action specified in the notice within the period specified in the notice, the Health Complaints Commissioner may extend the period specified in the notice on the giving to him or her by the organisation of an undertaking to take the specified action within the extended period.
S. 66(4) amended by No. 22/2016 s. 211(d).
(4) The Health Complaints Commissioner may only extend a period under subsection (3) if an application for the extension is made before the period specified in the notice expires.
S. 66(5) amended by No. 22/2016 s. 211(e).
(5) The Health Complaints Commissioner may act under subsection (1)—
(a) on his or her own initiative at any stage and irrespective of whether a complaint has been made or a complainant has objected to an investigation; or
(b) on an application by an
individual who
was a complainant under this Part and the complaint was the
subject of a conciliation agreement or was determined by the Tribunal.
S. 66(6) amended by No. 22/2016 s. 211(f).
(6) In deciding whether or not to serve a compliance notice, the Health Complaints Commissioner may have regard to the extent to which the organisation has complied with a decision of the Tribunal under Division 6.