Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The commission may make recommendations to a third-party in a report (a third-party report ) other than a final report if, after considering a complaint, the commission is satisfied—
(a) that—
(i) the third-party has acted inconsistently with an applicable standard that applies to the third-party, or is otherwise failing to adequately do something the third-party is required to do; or
Note Applicable standard —see dict.
(ii) the recommendations are about matters of public policy; or
(iii) the recommendations are about matters that the third-party has an appropriate interest in; and
(b) that it is in the public interest to make the report.
Example of people to whom third-party report may be given
1 a Minister
2 a non-government provider
3 the employer of the person complained about
4 a health profession board
5 a hospital or other institution where services are provided by the person complained about
6 a funding body
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) A recommendation need not be limited to matters raised by the complaint.
(3) If a recommendation recommends that action be taken, it must state the reasonable time within which the action should be taken.
(4) However, the commission must not include an adverse comment in relation to a person in a third-party report unless the commission has given the person a reasonable opportunity to respond to the proposed comment.
(5) To remove any doubt, a third-party report may be made after a final report has been made, whether or not the person complained about has complied with any recommendation made to the person.
(6) In this section:
"third-party" means an entity other than the complainant or the person complained about.