Div 3Referral of complaint to another agency

Division 3 Referral of complaint to another agency

10.48 Application of Division

This Division applies if the Secretary has accepted the complaint.

10.49 Referral to another agency

(1) If the Secretary thinks that the complaint raises issues that require, or may require, action by another agency, the Secretary may, in writing, refer the complaint, or material before the Secretary, to the agency.

(2) If the Secretary thinks that material before the Secretary about the complaint indicates that action should be taken against a health professional to lessen a serious risk to the safety, health or wellbeing of a care recipient, the Secretary must immediately refer the material to the appropriate health professional regulatory body and give it a written statement of the Secretary’s concerns.

(3) In this section:

action includes investigation.

agency includes:

(a) a health professional regulatory body; and

(b) the Australian Federal Police or the police force or service of a State or Territory; and

(c) a body corporate that is a party to a written agreement for the accreditation of residential care services, entered into by the Secretary under section 80‑1 of the Act; and

(d) an agency established under State or Territory law to consider complaints about health services or professionals.

complaint includes part of the complaint.

health professional includes:

(a) a medical practitioner; and

(b) a registered or certified nurse; and

(c) an allied health professional.

10.50 Secretary may continue to deal with complaint

(1) This section applies if the Secretary refers the complaint to another agency.

(2) The Secretary may continue to deal with the complaint if the Secretary considers it appropriate to do so.

(3) The Secretary may decline to deal, either permanently or temporarily, any further with the complaint.

(4) If the Secretary declines to deal temporarily with the complaint, the Secretary may later resume dealing with the complaint.

(5) In this section:

complaint includes part of the complaint.

10.51 Parties to be told about action taken under Division

(1) If the Secretary takes action under this Division, the Secretary must tell the parties to the complaint in writing about the action.

(2) However, the Secretary is not required to give the relevant approved provider information if giving the information will, or is likely to: