Victorian Current Acts Victorian Current ActsS. 64(1) amended by No. 22/2016 s. 209(a).
(1) The Health Complaints Commissioner may investigate—
(a) a complaint in respect of which he or she has made a decision under section 56(1)(b); and
(b) a complaint referred to in section 63(1) which he or she has decided to investigate and the complainant has agreed to the investigation—
and make a ruling as to whether the act or practice of the respondent that is the subject of the complaint is an interference with the privacy of the complainant [5] .
S. 64(2) amended by No. 22/2016 s. 209(b).
(2) Within 14 days after ruling as to whether there has been an interference with the privacy of the complainant, the Health Complaints Commissioner must serve written notice of the ruling on the complainant and the respondent.
(3) A ruling must include—
(a) the reasons for the ruling; and
S. 64(3)(b) amended by No. 22/2016 s. 209(c).
(b) the action, if any, that the Health Complaints Commissioner specifies to remedy the complaint; and
(c) a specified period, not exceeding one month, within which the action must be taken.
S. 64(4) amended by No. 22/2016 s. 209(d).
(4) If the Health Complaints Commissioner is satisfied, on the application of an organisation on which a ruling is served, that it is not reasonably possible to take the action specified in the ruling within the period specified in the ruling, the Health Complaints Commissioner may extend the period specified in the ruling on the giving to him or her by the organisation of an undertaking to take the specified action within the extended period.
S. 64(5) amended by No. 22/2016 s. 209(e).
(5) The Health Complaints Commissioner may only extend a period under subsection (4) if an application for the extension is made before the period specified in the ruling expires.
S. 64(6) amended by No. 22/2016 s. 209(f).
(6) If the Health Complaints Commissioner thinks it appropriate, he or she may give a copy of a ruling to the registration board by which the respondent is registered and must give written notice of having done so to the respondent.
S. 64(7) amended by No. 22/2016 s. 209(g).
(7) A respondent who receives notice of a ruling under subsection (2) which requires the respondent to take specified action must report in writing to the Health Complaints Commissioner, within 7 days after the expiry of the period, or extended period, within which the action must be taken, on the action taken by the respondent with respect to the ruling.
Penalty: 10 penalty units.
S. 64(8) amended by No. 22/2016 s. 209(h).
(8) The Health Complaints Commissioner must give written notice to the complainant of the contents of a report referred to in subsection (7) within 7 days after receipt of the report or, if the report has not been provided, must give written notice to the complainant of that fact within 7 days after the expiry of the period, or extended period, referred to in subsection (7).