Australian Capital Territory Numbered Acts

HEALTH COMPLAINTS ACT 1993 (NO. 96 OF 1993) - SECT 79

79. (1) The Commissioner shall not include in a report under this Act (including an annual report) a comment adverse to a person or body identifiable from the report unless he or she has, prior to the making of the report, given to the person or body a copy of the proposed comment and a written notice advising that, within a specified period, being not more than 28 days and not less than 14 days after the date of the notice, the person or body may—

        (a)     make a submission to the Commissioner in relation to the proposed comment; or

        (b)     give to the Commissioner a written statement in relation to it.

(2) The Commissioner may extend, by not more than 28 days, the period of time specified in a notice under subsection (1).

(3) Where the person or body so requests, the Commissioner shall include in the report the statement given under paragraph (1) (b) or a fair summary of it.

(4) The Commissioner is not required to comply with this section if the Commissioner believes, on reasonable grounds, that awareness of the proposed comment by any person would be likely to result in—

        (a)     the health or safety of any person being put at risk;

        (b)     the provision to a person of a health service of a lower standard than would otherwise have been provided; or

        (c)     action that would prejudice the fair assessment of a complaint or an investigation under this Act.