NSWIn ForceAct
Health Care Complaints Act 1993
25AReference of complaints to be dealt with under inquiry powers of Health Secretary
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#### 25A Reference of complaints to be dealt with under inquiry powers of Health Secretary
25A Reference of complaints to be dealt with under inquiry powers of Health Secretary
> > (1) The Commission may, with the consent of the Health Secretary, refer a complaint (or part of a complaint) to the Health Secretary if the Commission is of the opinion that the complaint (or part) relates to a matter that could be the subject of an inquiry by the Health Secretary under section 106 of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) or section 123 of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154).
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> > (2) Despite section 27 (3), the Commission must discontinue dealing with a complaint (or part) under that section that has been referred to the Health Secretary under this section.
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> > (3) However, the Commission may continue dealing with a complaint (or any part of a complaint) in so far as it concerns—
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> > > (a) the professional conduct of a health practitioner, or
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> > > (b) a health service which affects, or is likely to affect, the clinical management or care of an individual client.
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> **s 25A:** Ins 2004 No 98, Sch 1 \[21\]. Am 2010 No 127, Sch 4.8 \[3\]; 2013 No 24, Sch 2 \[2\].