Victorian Numbered Acts

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HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016) - SECT 19

Commissioner may divide or concurrently deal with complaints

    (1)     The Commissioner may divide a complaint at any time—

        (a)     into 2 or more complaints if the Commissioner believes it is in the interests of the person who received or sought the health service; or

        (b)     into a part that may be dealt with under this Act and a part that is or may be the subject of a notification, complaint, investigation or inquiry under the National Law or a relevant law, for the purpose of referring that part of the complaint to the person or body responsible for dealing with the matter under that law.

    (2)     The Commissioner may concurrently deal with 2 or more complaints, whether or not there is more than one complainant, if the Commissioner reasonably believes that—

        (a)     the complainant or complainants are not disadvantaged; and

        (b)     the health service provider's rights are not adversely affected; and

        (c)     the person who received or sought the health service is not disadvantaged.

    (3)     If the Commissioner acts under this section the Commissioner must give written notice to any relevant complainant, health service provider and person who received or sought the health service of the action taken as soon as possible after taking it.

Note

Division 4 of Part 2 provides for the deferral of the giving of this notice in certain circumstances.



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