Division 3Division 3 Notification and withdrawal of complaints
16 Person against whom complaint made to be notified of complaint
(1) The Commission must give written notice of the making of a complaint, the nature of the complaint and the identity of the complainant to the person against whom the complaint is made. The notice must be given not later than 14 days after the Commission’s assessment of the complaint under Division 4.(2) If the Commission has assessed the complaint, the notice is to include the notice required to be given to the person under section 28.(3) The Commission may give a copy of the complaint to the person against whom the complaint is made.(4) This section does not require the Commission to give notice under this section if it appears to the Commission, on reasonable grounds, that the giving of the notice will or is likely to:(a) prejudice the investigation of the complaint, or(b) place the health or safety of a client at risk, or(c) place the complainant or another person at risk of intimidation or harassment.(5) Despite subsection (4), the Commission must give the notice if the Commission considers on reasonable grounds that:(a) it is essential, having regard to the principles of natural justice, that the notice be given, or(b) the giving of the notice is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.(6) If the Commission decides that subsection (4) applies to a complaint but that some form of notice could be given of the complaint without affecting the health or safety of a client or putting any person at risk of intimidation or harassment, the Commission may give such a form of notice.(7) On the expiration of each consecutive period of 60 days after the complaint is assessed, the Commission must undertake a review of a decision not to give notice under this section (or to give notice in some other form as referred to in subsection (6)) unless notice under this section has already been given or the Commission has discontinued dealing with the complaint.
16A Employer to be notified of complaint against employee
(1) The Commission must give written notice of the making of a complaint, the nature of the complaint and the identity of the complainant to a person who currently employs or engages the health practitioner concerned as a health practitioner if the Commission considers on reasonable grounds that the giving of the notice is necessary:(a) to assess the matter effectively, or(b) to protect the health or safety of the public or a member of the public.(2) This section does not require the Commission to give notice under this section if it appears to the Commission, on reasonable grounds, that the giving of the notice will:(a) place the complainant or another person at risk of intimidation or harassment, or(b) unreasonably prejudice the employment or engagement of the health practitioner.
17 Director-General to be notified of complaint made against a health organisation
On receiving a complaint against a health organisation, the Commission must give written notice of the making of the complaint, the nature of the complaint and the identity of the complainant to the Director-General.
18 Can a complaint be withdrawn?
(1) A complainant may withdraw the complaint at any time by notice in writing to the Commission.(2) On the withdrawal of a complaint, the Commission may cease to deal with it but must continue to deal with the matter the subject of the complaint if it appears to the Commission that:(a) the matter raises a significant issue of public health or safety, or(b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or(c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner, or(d) the matter, if substantiated, would involve gross negligence on the part of a health practitioner, or(e) the matter, if substantiated, would result in the health practitioner being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010.