Health Care Complaints Act 1993 No 105
Current version for 4 July 2014 to date (accessed 29 November 2014 at 20:36)
Part 3

Part 3 Other investigations by the Commission

59   Investigation of health services

The Commission may, in accordance with this Part, investigate the delivery of health services by a health service provider directly affecting the clinical management or care of clients which may not be the particular object of a complaint but which arises out of a complaint or out of more than one 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 clients, or
(c)  the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner.

60   Health Secretary to be notified of proposed investigation

An investigation under this Part may not be carried out by the Commission unless:
(a)  the Commission has notified the Health Secretary that it proposes to carry out the investigation and requests the Health Secretary to provide it with a report on the matter, and
(b)  the Health Secretary:
(i)  fails to provide the report within 30 days after receiving the Commission’s request (or such longer period as the Commission may allow), or
(ii)  provides a report to the Commission which, in the opinion of the Commission, is not satisfactory.

61   Application of investigative powers for the purposes of this Part

Division 5 of Part 2 applies to an investigation under this Part in the same way as it applies to the investigation of a complaint under that Division.

62   Report to Health Secretary and Minister following investigation

(1)  The Commission must prepare a report of an investigation carried out under this Part and give copies of the report to the Health Secretary and the Minister.
(2)  The Commission may request the Health Secretary and the Minister to notify it of any action taken or proposed as a consequence of a recommendation made by the Commission in the report.

63   Special report to Parliament

(1)  If the Commission is not satisfied that sufficient steps have been taken within a reasonable time concerning a recommendation in the report under section 62, the Commission may make a special report on the matter to the Presiding Officer of each House of Parliament.
(2)  A copy of a report furnished to the Presiding Officer of a House of Parliament under this section is to be laid before that House before the end of the next sitting day of that House after it is received by the Presiding Officer.
(3)  The Commission may include in a report a recommendation that the report be made public immediately.
(4)  If a report includes a recommendation by the Commission that the report be made public immediately, a Presiding Officer of a House of Parliament must make it public whether or not that House is in session and whether or not the report has been laid before that House.
(5)  If such a report is made public by that Presiding Officer of a House of Parliament before it is laid before that House, it attracts the same privileges and immunities as if it had been laid before that House.
(6)  A Presiding Officer need not inquire whether all or any conditions precedent have been satisfied as regards a report purporting to have been made and furnished in accordance with this Act.
(7)  References in this section to a Presiding Officer are references to the President of the Legislative Council or the Speaker of the Legislative Assembly.
(8)  If there is a vacancy in the office of President, the reference to the President is taken to be a reference to the Clerk of the Legislative Council.
(9)  If there is a vacancy in the office of Speaker, the reference to the Speaker is taken to be a reference to the Clerk of the Legislative Assembly.
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