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Health Care Complaints Act 1993
18Can a complaint be withdrawn?
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#### 18 Can a complaint be withdrawn?
18 Can a complaint be withdrawn?
> > (1) A complainant may withdraw the complainant’s complaint at any time—
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> > > (a) by written notice to the Commission, or
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> > > (b) if the Commission considers it appropriate to accept the withdrawal of the complaint orally—by oral notice to the Commission.
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> > (1A) If the Commission accepts the withdrawal of a complaint orally, the Commission must, as soon as practicable after receiving the oral notice, make a written record of the complaint having been withdrawn.
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> > (2) On the withdrawal of a complaint, the Commission may cease to deal with it but must continue to deal with the matter the subject of the complaint if it appears to the Commission that—
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> > > (a) the matter raises a significant issue of public health or safety, or
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> > > (b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or
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> > > (c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation, or
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> > > (d) the matter, if substantiated, would involve gross negligence on the part of a health practitioner, or
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> > > (e) the matter, if substantiated, would result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127).
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> **s 18:** Am 2004 No 98, Sch 1 \[8\] \[9\]; 2006 No 124, Sch 2 \[4\]; 2010 No 127, Sch 4.8 \[1\] (am 2011 No 27, Sch 2.43); 2020 No 32, Sch 1\[4\]; 2024 No 26, Sch 1\[4\].