Tasmanian Numbered Acts

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HEALTH COMPLAINTS AMENDMENT ACT 2005 (NO. 5 OF 2005) - SECT 9

Section 25 amended (Assessment)
Section 25 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:
(1)  The Commissioner must assess a complaint within 45 days after receiving it.
(1A)  On assessing a complaint under subsection (1)  –
(a) if the Commissioner is of the opinion that it is appropriate to do so because the complaint relates to a matter that falls within the functions imposed on the Ombudsman, a relevant registration board or other person by a law of Tasmania, another State, a Territory or the Commonwealth, the Commissioner may refer the complaint to the Ombudsman, the relevant registration board or the other person; or
(b) if the Commissioner is of the opinion that it is appropriate to do so, the Commissioner may –
(i) refer the complaint to a conciliator for conciliation under Part 5 ; or
(ii) investigate the complaint under Part 6 ; or
(iii) dismiss the complaint.
(1B)  The Commissioner may refer a complaint to both a relevant registration board and a conciliator or defer the matter of conciliation until the relevant registration board has reported to him or her on the matter.
(1C)  The Commissioner may extend the period for assessment referred to in subsection (1) for an additional period not exceeding 45 days if –
(a) the Commissioner has, under section 25A , attempted to facilitate the early resolution of the complaint and the attempt has been unsuccessful; or
(b) the Commissioner considers it necessary for the purposes of assessment to extend the period.
(1D)  The Commissioner must notify the complainant and the relevant health service provider of any extension of the period for assessment under subsection (1C) .
(1E)  Nothing in this section prevents the early resolution of a complaint under section 25A .



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