Victorian Consolidated Legislation

Health Services (Conciliation and Review) Act 1987 - SECT 19

Preliminary assessment of complaints

19. Preliminary assessment of complaints



(1) The Commissioner must reject a complaint which in the Commissioner's
opinion is frivolous, vexatious, misconceived or lacking in substance or does
not warrant investigation.

(2) If an issue raised in a complaint has already been determined by a court
or a coroner or the Victorian Civil and Administrative Tribunal or an
industrial tribunal or a registration board, the Commissioner must reject the
complaint to the extent to which it relates to that issue unless in the
Commissioner's opinion it relates to matters which were not raised before the
court, coroner, Tribunal, industrial tribunal or board.

(3) The Commissioner must reject a complaint about an incident which occurred
more than 12 months before the complaint is made if in the Commissioner's
opinion the person who made the complaint has not shown good reason for the
delay.

(4) The Commissioner may reject a complaint if, when asked, the person who
complained to the Commissioner does not-

   (a)  confirm the complaint in writing; or

   (b)  give more information about the complaint within the time fixed by the
        Commissioner; or

   (c)  give the Commissioner more information concerning the person's
        identity.

(5) The Commissioner must not refer a complaint for conciliation or
investigate a complaint unless the Commissioner is satisfied that the user has
taken all reasonable steps or, if the complaint was made on the user's behalf,
all reasonable steps have been taken on the user's behalf, to resolve the
matter with the provider.

(6) If a complaint relates to a registered provider the Commissioner must
refer the complaint to the appropriate registration board if after
consultation with the provider's registration board the Commissioner considers
that the board has power to resolve or deal with the matter and the matter is
not suitable for conciliation under this Act.

(7) If a complaint raises issues which, in the Commissioner's opinion, require
investigation by another person, organisation or agency, the Commissioner may
refer the complaint to the appropriate person, organisation or agency.

(7A) If the Commissioner refers a complaint under subsection (6) or (7), the
Commissioner may also refer any information that, in the Commissioner's
opinion, is relevant to the complaint to the registration board or appropriate
person, organisation or agency (as the case requires).

(8) Within 28 days after receiving a complaint or within a further period
fixed under subsection (9AA) or a further period fixed under subsection (9A),
the Commissioner must decide whether, and to what extent-

   (a)  to accept it; or

   (b)  to reject it; or

   (c)  to refer it to a registration board or to a person, organisation or
        agency.

(9) To enable the Commissioner to make a decision under subsection (8) the
Commissioner may make such inquiries as the Commissioner considers
appropriate, but in doing so the Commissioner cannot exercise any of the
Commissioner's powers-

   (a)  to compel persons to answer questions or produce documents; or

   (b)  to enter premises.

(9AA) If the Commissioner considers that a further period would allow for the
resolution of the matter in accordance with subsection (5), the Commissioner
may fix a period of not more than 28 days for the purposes of subsection (8).

(9A) If the Commissioner considers that-

   (a)  a complaint is unduly complex; or

   (b)  a complaint can be satisfactorily resolved within a further period
        fixed by the Commissioner-

the Commissioner may fix a further period of not more than 28 days for the
purposes of subsection (8).

(10) If the Commissioner decides to accept a complaint in whole or in part,
and if, in the Commissioner's opinion, the complaint is suitable for
conciliation, the Commissioner must without delay refer it for conciliation.