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](/view/html/inforce/current/act-2010-127). > > > (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 (3) (Repealed) 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\[4\].