56Notice of action to providers

56 Notice of action to providers

(1)  If, after investigating a complaint, the Commissioner forms the view that the complaint is justified but appears to be incapable of being resolved, the Commissioner may –

(a) provide to the health service provider a notice of recommended action; and

(b) advise the complainant of the provision of that notice.

(2)  A notice is to set out –

(a) the particulars of the complaint; and

(b) the reasons for making the decision referred to in subsection (1) ; and

(c) any action that the Commissioner considers the health service provider ought to take in order to remedy each unresolved grievance disclosed by the complaint.

(3)  A health service provider to whom a notice is provided must, within 45 days after receiving the notice or such longer period as the Commissioner allows under subsection (4) , advise the Commissioner, in writing, of what action he, she or it has taken in order to remedy the grievances referred to in the notice.

Penalty:  Fine not exceeding 50 penalty units.

(4)  If the Commissioner receives before the end of the period of 45 days referred to in subsection (3) a written request by a health service provider to extend that period, the Commissioner may extend that period by not more than 15 days.