Health Care Complaints Act 1993 No 105
20A Duty of Commission to review assessment of complaint
(1) The Commission is to keep under review its assessment of a complaint while it is dealing with the complaint.
(2) At any time while dealing with a complaint (including during or at the end of the investigation of a complaint) and after consultation with the appropriate registration authority, the Commission may revise its assessment of the complaint and take any of the following actions:
(a) deal with the complaint under Division 9,
(b) refer the complaint for conciliation,
(c) investigate the complaint,
(d) refer the complaint to the Director-General in accordance with section 25 or 25A,
(e) refer the complaint to another person or body in accordance with section 25B or 26,
(f) change the person whose conduct appears to be the subject of the complaint or include another person as a person whose conduct appears to be the subject of the complaint,
(g) add to, substitute, amend or delete any of the specific allegations comprising the complaint (including add an allegation arising out of an investigation of the complaint that may not be the particular object of the complaint).
Note. Section 56 limits the Commission’s power to investigate a matter that has been dealt with under Division 8.
(3) If the Commission revises its assessment of a complaint to include another person as referred to in subsection (2) (f), sections 16 and 28 apply to the giving of notice to that person as if a reference in those sections to the assessment of the complaint were a reference to the revision of the assessment under this section.
(4) If the Commission revises its assessment of a complaint and as a result determines that the conduct of a person previously being investigated by the Commission will no longer be investigated or that different conduct of the person will be investigated, the Commission is to give the person notice in writing that the person’s conduct is no longer under investigation or that other conduct of the person is now under investigation (as appropriate).
(5) In this section, complaint includes any part of a complaint.