Western Australian Consolidated Acts

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HEALTH SERVICES (CONCILIATION AND REVIEW) ACT 1995 - SECT 35

35 .         Notice to provider and others

        (1)         Subject to this section, within 14 days after deciding to accept a complaint the Director — 

            (a)         must give written notice of the decision to the provider;

            (b)         if the complaint is against a registered provider, may give notice of the decision to the provider’s registration board; and

            (c)         may give notice of the decision to any other person concerned.

        (2)         If the Director considers that on account of particular circumstances the disclosure of the complainant’s identity in a notice under paragraph (a) of subsection (1) — 

            (a)         may result in the health or safety of the user being put at risk; or

            (b)         would prejudice the proper investigation of the complaint,

                the Director in giving the notice under that paragraph is not to disclose the identity of the complainant.

        (3)         Where the Director has acted under subsection (2), the Director must give notice to the provider of the identity of the complainant if the Director later becomes satisfied that the circumstances described in that subsection no longer apply.



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