New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 18

18 Can a complaint be withdrawn?

(1) A complainant may withdraw the complainant's complaint at any time--

(a) by written notice to the Commission, or

(b) if the Commission considers it appropriate to accept the withdrawal of the complaint orally--by oral notice to the Commission.

(1A) If the Commission accepts the withdrawal of a complaint orally, the Commission must, as soon as practicable after receiving the oral notice, make a written record of the complaint having been withdrawn.

(2) On the withdrawal of a complaint, the Commission may cease to deal with it but must continue to deal with the matter the subject of the complaint if it appears to the Commission that--

(a) the matter raises a significant issue of public health or safety, or

(b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or

(c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation, or

(d) the matter, if substantiated, would involve gross negligence on the part of a health practitioner, or

(e) the matter, if substantiated, would result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010 .