Victorian Current Acts

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HEALTH RECORDS ACT 2001 - SECT 65

Referral to Tribunal

S. 65(1) amended by No. 22/2016 s. 210(a).

    (1)     The complainant or the respondent, by written notice within 60 days after receiving notice of a ruling under section 64(2), may require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6.

S. 65(2) amended by No. 22/2016 s. 210(c).

    (2)     If the respondent fails—

        (a)     to comply with a ruling; or

S. 65(2)(b) amended by No. 22/2016 s. 210(b).

        (b)     to report to the Health Complaints Commissioner as required by section 64(7)

the complainant, by written notice within 30 days after receipt of a notice under section 64(8), may require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6.

S. 65(3) amended by No. 22/2016 s. 210(d).

    (3)     The Health Complaints Commissioner

        (a)     must comply with a notice under subsection (1) or (2); and

S. 65(3)(b) amended by No. 22/2016 s. 210(e).

        (b)     must provide to the Tribunal a copy of all documents that were considered by the Health Complaints Commissioner in the investigation of the complaint.



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