69Referral of complaint to Commissioner

69 Referral of complaint to Commissioner (1) A relevant Board must as soon as practicable after it receives a complaint against a registered provider that appears to be made by a person mentioned in section 22 and to disclose a ground mentioned in section 23: (a) give the Commissioner a copy of the complaint and all other documents in its possession that relate to the complaint, where appropriate; and (b) consult with the Commissioner as to whether the complaint should be referred to the Commissioner. (2) Consultation under subsection (1)(b) must address the following: (a) how the complaint may be managed by the Commissioner; (b) whether the relevant Board should deal, or continue to deal, with the complaint. (3) If the Commissioner and the relevant Board agree, the complaint may be: (a) referred to the Commissioner for action under this Act; or

Health and Community Services Complaints Act 1998 39 (b) dealt with by the relevant Board under the Act under which it is established. (4) A complaint referred to the Commissioner under this section is taken to be a complaint made to the Commissioner on the date on which it is referred to the Commissioner and this Act, other than section 27(2)(c), applies accordingly. (5) Despite any other Act but subject to subsection (6), the relevant Board must not take any action in respect of a complaint referred to the Commissioner under this section unless, or until, the Commissioner refers the complaint back to the relevant Board. (6) The relevant Board may take any interim measures in respect of the registered provider's right to practice that is provided for in the Act under which it is established pending the outcome of the investigation of the complaint. (7) The relevant Board must notify the Commissioner of any action taken under subsection (6). (8) A complaint may be referred under this section without the consent of the person who made the complaint.