15Acceptance, declining or referral of complaints

15 Acceptance, declining or referral of complaints

15 Acceptance, declining or referral of complaints

(1) The President must do one or more of the following in relation to a complaint—

(a) accept the complaint, in whole or in part,

(b) decline the complaint, in whole or in part,

(c) refer the complaint, in whole or in part, to a prescribed entity if—

(i) the President considers the conduct that is the subject of the complaint would be more appropriately dealt with by the prescribed entity and the complainant consents to the referral, or

(ii) the complaint is required, under another Act or law, to be referred to the prescribed entity.

(2) The President may decline a complaint if—

(a) no part of the conduct complained of could amount to a contravention of this Act, or

(b) the period of time that has passed since the whole or part of the conduct complained of occurred makes it impracticable to investigate the complaint, or

(c) the President is not satisfied the complaint was made by or on behalf of the complainant named in the complaint.

(3) The President must give notice of a decision to accept, decline or refer a complaint to—

(a) the individual who made the complaint, and

(b) if the respondent has been given notice of the complaint—the respondent.

(4) Notice under subsection (3) must be given within 28 days after the decision is made.

(5) A decision under this section to decline a complaint in whole or in part is not reviewable by the Tribunal.

(6) In this section—

prescribed entity means the following—

(a) the Commissioner of Police,

(b) the Health Care Complaints Commission,

(c) the Australian Health Practitioner Regulation Agency under the Health Practitioner Regulation National Law (NSW),