23Investigation of complaint

23 Investigation of complaint

23 Investigation of complaint

(1) The Commission must investigate a complaint—

(a) if, under section 13 (1), the appropriate professional council is of the opinion that the complaint should be investigated, or

(b) if, following assessment of the complaint, it appears to the Commission that the complaint—

(i) raises a significant issue of public health or safety, or

(ii) raises a significant question as to the appropriate care or treatment of a client by a health service provider, or

(iii) if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation, or

(iv) if substantiated, would involve gross negligence on the part of a health practitioner, or

(v) 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.

(2) A complaint is to be investigated in accordance with Division 5.

(3) (Repealed)

(4) The Commission may investigate a complaint despite any agreement the parties to the complaint may have reached concerning the complaint.

s 23: Am 2004 No 98, Sch 1 [15]–[17]; 2006 No 124, Sch 2 [5]; 2010 No 34, Sch 2.22 [8]; 2010 No 127, Sch 4.8 [1] (am 2011 No 27, Sch 2.43); 2020 No 32, Sch 1[4].