Australian Capital Territory Numbered Acts

HEALTH COMPLAINTS ACT 1993 (NO. 96 OF 1993) - SECT 28

28. (1) The Commissioner shall take no further action on a complaint upon becoming satisfied that—

        (a)     the complainant is not a person referred to in section 21;

        (b)     the complaint does not disclose a ground referred to in section 22 ;

        (c)     the user became aware of the circumstances that gave rise to the complaint more than 24 months before the complaint was made;

        (d)     the complainant has failed, without good reason, to take reasonable steps to resolve with the provider the grievance on which the complaint is based;

        (e)     all the issues arising out of the subject matter of the complaint have been adjudicated upon by a court, tribunal, Board or other person or body established by a law of the Territory, the Commonwealth, a State or another Territory;

        (f)     a court has commenced to hear a proceeding that relates to the subject matter of the complaint;

        (g)     the complainant has been given reasonable explanations and information and there would be no further benefit in entertaining the complaint further;

        (h)     the complaint lacks substance;

              (i)     the complaint is frivolous, vexatious or was not made in good faith; or

        (j)     the complaint has been resolved.

(2) Paragraph (1) (c) does not apply where the Commissioner is satisfied that the complainant has good grounds for not having made the complaint within 24 months of becoming aware of the circumstances that gave rise to it.

(3) The Commissioner may take no further action on a complaint if—

        (a)     a requirement under section 26 is unsatisfied and the period of time for satisfying the requirement under that section has expired;

        (b)     the Commissioner has notified the complainant in writing that the Commissioner may decide to take no further action on the complaint unless the outstanding requirement is satisfied within 14 days of the date of service of the notice; and

        (c)     the requirement remains unsatisfied at the expiry of the period of 14 days and is unsatisfied when the Commissioner decides to take no further action.