30No further action on complaint

30 No further action on complaint (1) The Commissioner must take no further action on a complaint if satisfied that any of the following apply: (a) the complainant is not a person mentioned in section 22; (b) the complaint does not relate to a matter mentioned in section 23; (c) the user became aware of the circumstances giving rise to the complaint more than 2 years before the complaint was made; (d) the complainant has failed, without good reason or cause, to take reasonable steps to resolve with the provider the matter on which the complaint is based; (e) having regard to the circumstances of the case and to any inquiries that the Commissioner has made, investigating further the matter raised in the complaint is unnecessary or unjustified; (f) the complaint lacks substance; (g) the complaint is frivolous, vexatious or was not made in good faith; (h) the complaint is resolved. (2) Subsection (1)(c) does not apply if the Commissioner is satisfied that the complainant had good reasons for not making the complaint within the period mentioned in that subsection. (3) If an issue raised in a complaint has been determined by a court, tribunal or board, or by a person or other body established by a law of the Territory, the Commonwealth, a State or any other Territory, the Commissioner must take no further action on the complaint to the extent to which it relates to the issue unless, in his or her opinion, the issue relates to a matter that was not raised before the court, tribunal or board, or the person or other body. (4) Subject to subsection (5), the Commissioner must take no further action on a complaint or an issue arising from a complaint if the user has commenced civil proceedings seeking redress for the subject matter of the complaint or the issue and the court has begun to hear the substantive matter. (5) The Commissioner may still consider an issue arising from a complaint, if satisfied that the issue will not be determined specifically by the civil proceedings.

Health and Community Services Complaints Act 1998 21 (6) The Commissioner may take no further action on a complaint if: (a) a requirement under section 25 is unsatisfied and the period for satisfying the requirement has expired; and (b) the Commissioner has notified the complainant in writing that the Commissioner may decide to take no further action on the complaint unless the outstanding requirement is satisfied within 14 days after the notice is given; and (c) the requirement is unsatisfied at the expiry of the period and remains unsatisfied when the Commissioner decides to refuse to entertain the complaint.