(1) A person is not entitled to make a complaint to the Commissioner under section 5(2) or 6(2) and a carer is not entitled to make a complaint to the Commissioner under section 7(2) —
(a) more than 12 months after the provision of the health service was completed; or
(b) if the health service was not provided, more than 12 months after the health service was sought.
(2) Despite subsection (1), the Commissioner may deal with a complaint lodged after the end of the 12 month period if the Commissioner is satisfied that the circumstances of the case so require.