Part 7Relationship between Commissioner and registration authorities

Part 7—Relationship between Commissioner and registration authorities 57—Complaints received by Commissioner that relate to registered service providers (1) If the Commissioner receives a complaint that involves a registered service provider, the Commissioner should consult with the relevant registration authority about the management of the complaint unless— (a) the matter is resolved through informal mediation under Part 4 Division 2; or (b) the Commissioner determines to take no further action on the complaint under Part 4 Division 3. (2) If the Commissioner and the registration authority agree, the complaint may be referred to the registration authority. (3) Subject to subsection (4), if the Commissioner and a registration authority fail to reach an agreement as to whether the Commissioner or the registration authority should deal with the complaint— (a) the party (either the Commissioner or the registration authority) that considers that the complaint warrants investigation will be responsible for conducting such an investigation under the provisions of this Act or the relevant registration law (as the case may be) and the other party must take no further action pending the outcome of that investigation; or (b) if both parties consider that the complaint warrants investigation, the registration authority must comply with the written decision of the Commissioner on the matter. (4) If the registration authority is of the view that without further investigation there are sufficient grounds for the matter to be heard as a disciplinary proceeding in accordance with the relevant registration law, the Commissioner must refer the complaint to the registration authority and take no action (other than under section 64) unless or until the registration authority refers the matter (or any aspect of the matter) back to the Commissioner. (5) If a complaint relates to a nationally registered health practitioner, the matter will proceed under Part 8 of the Health Practitioner Regulation National Law (South Australia) rather than under a preceding subsection. (6) The Commissioner and a registration authority may agree on protocols that relate to— (a) the consultation processes referred to in subsection (1); and (b) the referral of complaints between the Commissioner and the registration authority after taking into account the principles reflected by this section and the Health Practitioner Regulation National Law (South Australia), as may be relevant. 58—Referral of complaint to registration authority (1) A registration authority to which a complaint is referred by the Commissioner under this Act must investigate the complaint or otherwise deal with the complaint under the provisions of the relevant registration law. (2) On investigating a complaint referred under subsection (1), a registration authority must provide the Commissioner with a report of— (a) its findings; and (b) any action it has taken or proposes to take. (3) Unless otherwise determined by the Commissioner, a report under subsection (2) must be accompanied by a copy of all documents in the possession of the registration authority that relate to the investigation. (4) This section does not apply in relation to a complaint about a nationally registered health practitioner that is dealt with by a National Board under section 150 of the Health Practitioner Regulation National Law (South Australia). 59—Action on referred complaints A registration authority to which a complaint is referred may exercise the powers and perform the functions it has to deal with complaints under a registration law. 60—Referral of complaint to Commissioner (1) If a registration authority receives a complaint against a health or community service provider that appears to be made by a person who is entitled under section 24 to make a complaint and discloses a ground for complaint specified in section 25(1), the registration authority must— (a) provide the Commissioner with relevant details of the complaint; and (b) consult with the Commissioner with respect to whether or not the complaint is to be referred to the Commissioner. (2) A registration authority must, in consulting with the Commissioner under subsection (1), provide to the Commissioner copies of any documents in its possession that relate to the complaint and that are requested by the Commissioner. (3) If the Commissioner and registration authority agree, the complaint may be referred to the Commissioner. (4) Subject to subsection (5), if the Commissioner and a registration authority fail to reach an agreement as to whether the Commissioner or the registration authority should deal with the complaint— (a) the party (either the Commissioner or the registration authority) that considers that the complaint warrants investigation will be responsible for conducting such an investigation under the provisions of this Act or the relevant registration law (as the case may be) and the other party must take no further action pending the outcome of that investigation; or (b) if both parties consider that the complaint warrants investigation, the registration authority must comply with the written decision of the Commissioner on the matter. (5) If the registration authority is of the view that without further investigation there are sufficient grounds for the matter to be heard as a disciplinary proceeding in accordance with the relevant registration law, the registration authority may proceed to deal with the complaint and the Commissioner must take no action on the complaint (other than under section 64) unless or until the registration authority refers the matter (or any aspect of the matter) to the Commissioner. (6) A complaint referred to the Commissioner under this section will be taken to be a complaint made to the Commissioner. (7) A registration authority is to take no further action on a complaint referred to the Commissioner under this section unless the Commissioner refers the complaint back to the registration authority. (8) If a complaint relates to a nationally registered health practitioner, the matter will proceed under section 150 of the Health Practitioner Regulation National Law (South Australia) rather than under a preceding subsection. (9) The Commissioner and a registration authority may agree on protocols that relate to— (a) the consultation process referred to in subsection (1); and (b) the referral of complaints between the registration authority and the Commissioner after taking into account the principles reflected by this section and the Health Practitioner Regulation National Law (South Australia), as may be relevant. 61—Action on investigation reports (1) As soon as practicable after receiving a report from the Commissioner which recommends that a registration authority perform a function, the registration authority must notify the Commissioner, in writing, of whether or not it intends to perform the function. (2) As soon as practicable after performing a function in accordance with a recommendation contained in a report from the Commissioner, a registration authority must advise the Commissioner, in writing, of— (a) the result of the performance of the function; and (b) any finding it has made; and (c) any other action it has taken or proposes to take. (3) If the Commissioner is dissatisfied with the failure of a registration authority to perform a function that the Commissioner has recommended in a report or with the time being taken by the authority to perform that function or a function under this Act, the Commissioner or the registration authority (or both of them together) may provide a report on the matter to the Minister. 62—Information from registration authority (1) A registration authority may provide to the Commissioner information, comment and recommendations in relation to a complaint and the health or community service provider against whom a complaint has been made. (2) The Commissioner may, at any time, request a registration authority for a report on the progress or result of an investigation of a complaint (whether under this Act or a registration law). (3) The registration authority must comply with a request made under subsection (2) within a reasonable time. 63—Information to registration authority (1) A relevant registration authority may, at any time, request the Commissioner for a report on the progress or result of an investigation of a complaint that involves a registered service provider. (2) The Commissioner must comply with a request made under subsection (1). 64—Assistance with proceedings (1) The Commissioner may assist a registration authority in any matter if requested to do so by the registration authority. (2) The Commissioner is entitled to appear or be represented in proceedings before a registration authority and, in so doing— (a) produce documents and other material; (b) provide or call evidence (including by calling witnesses); (c) examine or cross-examine witnesses; (d) make representations and submissions. 65—Interim action on a complaint (1) A registration authority may take any interim measure in respect of a registered service provider's right to practice under an Act pending the outcome of any consultation or investigation under this Act (and may subsequently vary or revoke such a measure). (2) Despite any other Act, an interim measure under subsection (1) may include— (a) suspending the registered service provider's right to practice under a particular Act; (b) imposing special conditions with respect to the registered service provider's right to practice under a particular Act. (3) A registration authority must, after being made aware of a relevant complaint under this Act, inform the Commissioner of any interim measure undertaken under subsection (1). 66—Further action by registration authority (1) Nothing in this Act prevents a registration authority from taking action in respect of a registered service provider that is in addition to action taken or recommended by the Commissioner under this Act. (2) A decision of the Commissioner not to take action, or further action, on a complaint under this Act does not prevent a registration authority from taking action (or further action) in respect of a registered service provider on the basis of that complaint.