57Referral of complaint to Commissioner by local registration board

57 Referral of complaint to Commissioner by local registration board

(1)  [Section 57 Subsection (1) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] If a local registration board that receives a grievance against a health service provider considers that the grievance is made by a person who is entitled under section 22 to make a complaint and discloses a ground for complaint specified in section 23 (1) , the board must–

(a) provide the Commissioner with a copy of the grievance and all other documents in its possession that relate to the grievance; and

(b) consult with the Commissioner with respect to whether or not the grievance is to be referred to the Commissioner; and

(c) [Section 57 Subsection (1) amended by No. 85 of 2001, s. 5, Applied:22 Nov 2001] if the Commissioner and board agree –

(i) refer the grievance to the Commissioner; or

(ii) retain the grievance for investigation under section 58.

(2)  [Section 57 Subsection (2) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] If the Commissioner and a local registration board fail to reach an agreement as to whether or not a grievance is to be referred to the Commissioner, the board must comply with the written decision of the Commissioner.

(3)  A grievance referred to the Commissioner under this section is taken to be a complaint made to the Commissioner.

(4)  [Section 57 Subsection (4) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] A local registration board is to take no further action on a grievance referred to the Commissioner under this section unless the Commissioner refers the complaint back to the board under this Act.

(5)  [Section 57 Subsection (5) amended by No. 3 of 2010, Sched. 1, Applied:01 Jul 2010] The Commissioner may issue guidelines to local registration boards in relation to–