27Assessment

27 Assessment (1) The Commissioner must assess a complaint and make a determination in accordance with this section within 60 days after receiving it. (2) Subject to subsections (3), (4) and (4A), the Commissioner must do one of the following: (a) refer the complaint to a conciliator under Part 6; (b) investigate the complaint under Part 7; (c) if the complaint is against or directly involves a registered provider, notify the relevant Board in accordance with Part 8 and deal with the complaint as provided for in that Part; (d) in accordance with section 30, take no further action on the complaint. (3) If, in the opinion of the Commissioner, the complaint: (a) was made by a person mentioned in section 22; and (b) relates to a matter mentioned in section 23; and (c) is a matter that falls within the functions conferred by a law of the Territory, the Commonwealth, a State or another Territory on the Ombudsman, the Information Commissioner or any other person or body; the Commissioner may refer the complaint to the Ombudsman, Information Commissioner, person or body. (4) If, in the opinion of the Commissioner, the complaint was not made by a person mentioned in section 22 or does not relate to a matter mentioned in section 23 but relates to a matter that falls within the functions conferred by a law of the Territory, the Commonwealth, a State or any other Territory on: (a) the Ombudsman; or (aa) the Information Commissioner; or (b) a relevant Board; or (c) any other person or body; the Commissioner must refer the complaint to the Ombudsman, Information Commissioner, Board, person or body.

Health and Community Services Complaints Act 1998 19 (4A) If, in the opinion of the Commissioner, the complaint is about a matter that could be the subject of a complaint under the Children's Commissioner Act 2013, the Commissioner: (a) may refer the complaint to the Children's Commissioner; or (b) if the complaint is to be dealt with under this Act – must, as soon as practicable, give written notice about the complaint to the Children's Commissioner. (5) In subsection (1), a reference to a complaint being received includes a complaint that has been referred, or referred back, to the Commissioner by the Ombudsman, Information Commissioner or a relevant Board.