8Who may make a complaint?

8 Who may make a complaint?

8 Who may make a complaint?

(1) A complaint may be made by any person including, in particular, the following—

• the client concerned

• a parent or guardian of the client concerned

• a person chosen by the client concerned as his or her representative (including an Australian legal practitioner) for the purpose of making the complaint

• a health service provider

• a member of Parliament

• the Health Secretary

• the Minister.

(2) The Commissioner may make a complaint under this Act, but only if it appears to the Commissioner that the matter that is the subject of the complaint—

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

(b) raises a significant question regarding a health service that affects, or is likely to affect, the clinical management or care of an individual client, or

(c) if substantiated, would—

(i) provide grounds for disciplinary action against a health practitioner or relevant health organisation, or

(ii) be found to involve gross negligence on the part of a health practitioner, or

(iii) 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.

(3) The provisions of this Part apply to the making of a complaint by the Commissioner, subject to any modifications prescribed by the regulations.

s 8: Am 2005 No 98, Sch 3.29 [1]; 2013 No 24, Sch 2 [3]; 2020 No 32, Sch 1[4].