Australian Capital Territory Numbered Acts

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HEALTH COMPLAINTS ACT 1993 (NO. 96 OF 1993) - SECT 40

40. (1) The Commissioner may investigate, by exercising the powers conferred by this Part—

        (a)     any matter specified in a direction under subsection 11 (1);

        (b)     a complaint that, under subparagraph 23 (1) (b) (ii), the Commissioner has decided to investigate;

        (c)     where a complaint received by the Commissioner 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;

that issue or question; or

        (d)     of his or her own motion, any other matter relating to the provision of health services in the Territory.

(2) An investigation under paragraph (1) (c) may be carried out whether or not—

        (a)     the relevant complaint has been accepted;

        (b)     the process of assessment of the relevant complaint has been completed;

        (c)     any process of conciliation of the relevant complaint has been completed;

        (d)     the relevant complaint has been withdrawn; or

        (e)     the Commissioner has decided to take no further action on the relevant complaint;

but shall not be exercised in so far as it may interfere with a process of conciliation.



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