Victorian Numbered Acts

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HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016) - SECT 14

Grounds for not dealing with complaints

The Commissioner may refuse to deal, or cease to deal, with a complaint made to the Commissioner if—

        (a)     the Commissioner is satisfied that the complaint is frivolous, vexatious, misconceived, lacking in substance or otherwise does not warrant action; or

        (b)     the Commissioner is satisfied that the complaint is not made in good faith; or

        (c)     the Commissioner is satisfied that the complaint is made for an improper purpose; or

        (d)     the complainant does not comply with a request for more information under section 12(2) and the Commissioner believes that it is not in the public interest to deal with the complaint; or

        (e)     the Commissioner is satisfied that there is no reasonable prospect of resolving the complaint by the conduct of a complaint resolution process and the Commissioner does not believe that the complaint should be investigated under Part 4; or

        (f)     the subject matter of the complaint comes within the jurisdiction of a court, tribunal or other body; or

        (g)     the subject matter of the complaint

              (i)     is before a court, tribunal or other body; or

              (ii)     has been determined by a court, tribunal or other body and does not raise a new matter that, the Commissioner believes, ought to be dealt with by the Commissioner; or

        (h)     the health service provider has taken action that the Commissioner is satisfied has resolved the complaint; or

              (i)     the Commissioner is satisfied that—

              (i)     reasonable attempts have not been made to seek to resolve the complaint with the health service provider; and

              (ii)     it is reasonable and appropriate to seek to resolve the complaint with the health service provider; or

        (j)     the complaint has been withdrawn under this Part.



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