Div 6Determination of complaint

Division 6 Determination of complaint

Note: Paragraph 56‑4 (1) (e) of the Aged Care Act 1997

Note: Under paragraph 56‑4 (1) (e) of the Aged Care Act 1997, an approved provider must comply with any determination made, in respect of the approved provider, by a Complaints Resolution Committee.

10.62 Application of Division

(1) This Division applies if:

(a) in making the preliminary assessment of the complaint, the Secretary decided that the complaint should be resolved by determination under this Division; or

(b) the Secretary has decided to continue dealing with a complaint that has been withdrawn and has referred the complaint to a Complaints Resolution Committee for determination under this Division; or

(c) the Secretary has unsuccessfully endeavoured to resolve the complaint by negotiation and has decided not to refer the complaint to a mediator; or

(d) the complaint has been referred to a mediator but the mediation has ended without the complaint being resolved by agreement between the parties; or

(e) the parties to the complaint have agreed to refer the complaint for determination under this Division.

(2) This Division does not apply if the Secretary has decided not to deal any further with the complaint.

10.63 Secretary to refer complaint to committee

The Secretary must refer the complaint to a Complaints Resolution Committee for determination.

10.64 Committee to resolve complaint by determination

(1) Unless the committee is dissolved under section 10.64A, the committee must resolve the complaint by making a determination under this Division.

(2) A determination under this Division may set out a course of action that the relevant approved provider must follow to address the matters raised in the complaint and ensure that the approved provider complies with the provider’s responsibilities under the Act or the Aged Care Principles.

10.64A Commissioner for Complaints may dissolve committee

If the Commissioner for Complaints considers that it is no longer necessary or appropriate for the complaint to be resolved by determination, the Commissioner may dissolve the committee and discontinue dealing with the complaint.

Examples of circumstances that might result in a committee being dissolved

1. The complaint is withdrawn before the committee has made a determination.

2. The complaint has become the subject of a legal proceeding.

10.65 Hearings

(1) The committee must hold a determination hearing about the complaint.