Victorian Current Acts Victorian Current ActsS. 56(1) amended by No. 22/2016 s. 202(a).
(1) If the Health Complaints Commissioner decides to accept a complaint in whole or in part, he or she may adopt one of the following options—
S. 56(1)(a) amended by No. 22/2016 s. 202(b).
(a) if the Health Complaints Commissioner considers that it is reasonably possible that the complaint may be conciliated successfully under Division 3, he or she may decide to conciliate the complaint; or
S. 56(1)(b) amended by No. 22/2016 s. 202(c).
(b) if the Health Complaints Commissioner—
(i) does not consider that it is reasonably possible that the complaint may be conciliated successfully under Division 3; or
(ii) considers that the complaint is more likely to be resolved by the making of a ruling under Division 4—
he or she may decide to proceed under Division 4; or
S. 56(1)(c) amended by No. 22/2016 s. 202(d).
(c) if the Health Complaints Commissioner considers that, in the circumstances of the complaint, conciliation or the making of a ruling is inappropriate, he or she may decide to decline to further entertain the complaint.
(2) Subsection (1) does not apply to a complaint—
S. 56(2)(a) amended by No. 22/2016 s. 202(e).
(a) that the Health Complaints Commissioner has declined to entertain under section 51 or dismissed under section 53; or
(b) that the Minister has referred to the Tribunal under section 54.
S. 56(3) amended by No. 22/2016 s. 202(f).
(3) In making a decision under subsection (1), the Health Complaints Commissioner may take into account the wishes, if expressed, of the complainant and the respondent.
S. 56(4) amended by No. 22/2016 s. 202(g).
(4) The Health Complaints Commissioner must notify the complainant and the respondent in writing of his or her decision under subsection (1).
S. 56(5) amended by No. 22/2016 s. 202(h).
(5) A notice under subsection (4) must state that the complainant, by notice in writing given to the Health Complaints Commissioner, may require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6.