66Notice of action to provider

66 Notice of action to provider (1) After investigating a complaint under this Part, the Commissioner may, irrespective of the outcome of the investigation, if he or she forms the view the complaint is justified: (a) give a notice in accordance with subsection (3) to the provider; and (b) advise the complainant that the notice has been given to the (2) After investigating a complaint under this Part, if the Commissioner makes recommendations to a provider in a report under section 65, he or she must: (a) give a notice in accordance with subsection (3) to the provider; and (b) advise the complainant that the notice has been given to the (3) A notice under subsection (1) or (2) must contain: (a) the particulars of the complaint; and (b) the reasons for the Commissioner's decision under subsection (1) or (2); and (c) any action that the Commissioner considers the provider ought to take in order to resolve any issue disclosed by the investigation. (4) A provider who is given a notice under this section must, within 45 days after receiving the notice or any longer period that the Commissioner allows under subsection (5), advise the Commissioner, in writing, of the action he or she has taken to comply with the recommendations contained in the notice. (5) The Commissioner may extend the period mentioned in subsection (4) by not more than 15 days on receiving a written request from the provider before the end of the period. (6) If within a reasonable period after a notice is given to a provider under this section, the Commissioner is not satisfied that the provider has taken appropriate steps in relation to any action recommended to be taken, the Commissioner may, after considering any comments made by or on behalf of the provider,

Health and Community Services Complaints Act 1998 37 send to the Minister a copy of the notice and the recommendation together with a copy of the comments made by or on behalf of the (7) In addition to subsection (6), the Commissioner may give a report to the Minister on the matters to which the notice relates. (8) The Minister must cause a copy of a report given under subsection (6) to be tabled in the Legislative Assembly within 6 sittings days after it is received. (9) The Commissioner is to be taken to have given notice under subsection (1) or (2) if he or she gives the provider a copy of the report prepared under section 65 in respect of the complaint, and reference in this section to the notice includes the report.