Australian Capital Territory Numbered Acts

HEALTH COMPLAINTS ACT 1993 (NO. 96 OF 1993) - SECT 23

23. (1) The Commissioner shall assess a complaint received and shall—

        (a)     if of the opinion that it relates to a matter that falls within the functions conferred by a law of the Territory, the Commonwealth, a State or another Territory on—

              (i)     the Ombudsman;

              (ii)     a relevant Board; or

              (iii)     any other person or body;

refer it to the Ombudsman, the relevant Board or that other person or body (as the case requires); or

        (b)     in any other case—

              (i)     refer it to a conciliator for conciliation under Part IV;

              (ii)     investigate it under Part V; or

              (iii)     in accordance with section 28, take no further action.

(2) The reference in subsection (1) to a complaint received by the Commissioner shall be read as including a reference to a complaint that has been referred, or referred back, to the Commissioner by the Ombudsman or by a Board.

(3) The Commissioner shall not refer a complaint to a conciliator if—

        (a)     the complaint appears to the Commissioner to indicate—

              (i)     the existence of a significant issue of public safety or public interest; or

              (ii)     a significant question as to the practice of a provider; or

        (b)     section 27 would prevent the Commissioner from disclosing to the provider information that would enable the user to be identified.