New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 27

27 Circumstances in which Commission may discontinue dealing with complaint

(1) Following the assessment, the Commission may discontinue dealing with a complaint (or any part of a complaint) for any one or more of the following reasons--

(a) the complaint (or part) is frivolous, vexatious or not made in good faith,

(b) the subject-matter of the complaint (or part) is trivial or does not warrant investigation or conciliation or the Commission dealing with it under Division 9,

(c) the subject-matter of the complaint (or part) has been or is under investigation by some other competent person or body or has been or is the subject of legal proceedings,

(d) the complaint (or part) has been referred by the Commission to another person or body for investigation or for consideration of other action (including, for example, performance assessment or impairment assessment under the Health Practitioner Regulation National Law (NSW) ),

(e) there is or was, in relation to the matter complained of, a satisfactory alternative means of dealing with the matter by the complainant and the complainant does not have a sufficient reason for not pursuing that alternative means,

(f) the complaint (or part) relates to a matter which occurred more than 5 years before the complaint was made and the complainant does not have a sufficient reason for having delayed the making of the complaint,

(g) the complainant has failed, without sufficient reason, to provide further particulars of the complaint (or part) within the time specified by the Commission,

(h) the complaint (or part) concerns a matter that falls within the responsibility of the Commonwealth.

(2) This section does not exhaust the circumstances in which the Commission may discontinue dealing with a complaint (or part).

(3) The Commission must not discontinue dealing with a complaint (or part) under this section if it appears to the Commission that the complaint (or part) raises a significant issue of public health or safety.

(4) If the Commission discontinues dealing with a complaint (or part) under this section, the complaint (or part) is terminated.