Victorian Current Acts Victorian Current ActsS. 58(1) amended by No. 22/2016 s. 204(a).
(1) The Health Complaints Commissioner must cease dealing with an issue raised in a complaint if he or she—
(a) becomes aware that the complainant or respondent has begun legal proceedings which relate to that issue; or
(b) becomes aware that proceedings relating to that specific issue have been initiated before a court or tribunal; or
(c) considers that the issue should properly be dealt with by a court or tribunal.
S. 58(2) amended by No. 22/2016 s. 204(b).
(2) Within 14 days after ceasing to deal with a complaint under subsection (1), the Health Complaints Commissioner must give written notice of the fact to the complainant and the respondent.
S. 58(3) amended by No. 22/2016 s. 204(c).
(3) Despite subsection (1), the Health Complaints Commissioner—
(a) may, with the consent of the complainant and the respondent, continue dealing with the matter, but only by referring it to conciliation; and
S. 58(3)(b) amended by No. 22/2016 s. 204(d).
(b) must cease dealing with the matter when the Health Complaints Commissioner becomes aware that a court or tribunal has commenced to hear a proceeding relating to the complaint.
S. 58(4) amended by No. 22/2016 s. 204(e).
(4) If the Health Complaints Commissioner has ceased dealing with an issue raised in a complaint and later becomes aware that the complainant or the respondent has withdrawn proceedings relating to the complaint, the Health Complaints Commissioner may, with the consent of the complainant, re-open proceedings under this Act.
S. 58(5) amended by No. 22/2016 s. 204(f).
(5) The Health Complaints Commissioner may continue to deal with a complaint about a health service provider which the Commissioner has referred to the appropriate registration board under section 52 unless the board asks the Health Complaints Commissioner to suspend dealing with the complaint until the board has completed the matter and advised the Health Complaints Commissioner of the outcome under section 52(3).
Division 3—Conciliation of complaints