40Matters that may be investigated

40 Matters that may be investigated

(1)  The Commissioner may investigate, by exercising the powers conferred by this Part –

(a) any matter specified in a written direction given by the Health Minister; and

(b) [Section 40 Subsection (1) amended by No. 33 of 2011, s. 8, Applied:01 Jul 2012] a complaint that the Commissioner has determined to investigate under section 25(1A)(b)(ii) ; and

(c) an issue or question arising from a complaint if it appears to the Commissioner –

(i) to be a significant issue of public safety or public interest; or

(ii) to be a significant question as to the practice of a health service provider; and

(d) [Section 40 Subsection (1) amended by No. 19 of 2018, s. 9, Applied:31 Dec 2024] on his or her own motion, any other matter relating to the provision of health services in Tasmania; and

(e) [Section 40 Subsection (1) amended by No. 19 of 2018, s. 9, Applied:31 Dec 2024] on his or her own motion and with or without a complaint, any matter relating to a possible breach of a code of conduct by a health care worker.

(2)  [Section 40 Subsection (2) amended by No. 19 of 2018, s. 9, Applied:31 Dec 2024] An investigation referred to in subsection (1) (c) or (1)(e) may be carried out whether or not–

(a) the process of assessment of the relevant complaint has been completed; or

(b) any process of conciliation of the relevant complaint has been completed; or

(c) the relevant complaint has been withdrawn; or

(d) the Commissioner has decided to dismiss the relevant complaint.