Div 7Review of determination

Division 7 Review of determination

10.70 Application of Division

This Division applies if a Complaints Resolution Committee has made a determination resolving the complaint.

10.71 Application for review of determination

(1) If the relevant approved provider, the complainant or the affected care recipient is dissatisfied with the determination, the person or body may apply to the Commissioner for Complaints, in writing, for review of the determination by the Determination Review Panel.

(2) The application must:

(a) be received by the Commissioner within 14 days after the day when the person or body is given a copy of the determination; and

(b) state the reasons why review of the determination is sought, other than mere dissatisfaction with the determination.

(3) An application may be supported by additional information.

10.72 Constitution of Determination Review Panel

(1) The Determination Review Panel consists of:

(a) if the Commissioner for Complaints has not been involved in the resolution of the complaint:

(i) as chairperson, the Commissioner; and

(ii) a person appointed by the Commissioner from the panel of potential chairpersons; or

(b) if the Commissioner has been involved in the resolution of the complaint — 2 persons appointed by the Commissioner from the panel of potential chairpersons, one of whom the Commissioner must appoint as chairperson.

(2) The panel appointed to deal with a particular complaint must be constituted within 7 days after the application for review is made to the Commissioner.

(3) If a member of the panel ceases to be a member, the Commissioner may reconstitute the panel for the review.

10.73 Panel to tell other parties about application for review etc

(1) As soon as practicable after it is constituted, the panel must give the other parties to the complaint a copy of the application and must tell each party in writing:

(a) about the making of the application for review; and

(b) that the party may, within 14 days after being given a copy of the application for review, make written submissions to the panel about the application; and

(c) that the panel must have regard to the submissions in reviewing the determination.

(2) The panel must also ask the committee that heard the complaint to give it the information mentioned in paragraphs 10.74 (2) (a) and (b).

(3) The committee must give the panel the information as soon as practicable after receiving the request.

10.74 Review by panel

(1) As soon as practicable after the end of the period mentioned in paragraph 10.73 (1) (b), the panel must review the determination and must: