14Grounds for not dealing with complaints

14 Grounds for not dealing with complaints

The Commissioner may refuse to deal, or cease to deal, with a complaint made to the Commissioner if—

(a) the Commissioner is satisfied that the complaint is frivolous, vexatious, misconceived, lacking in substance or otherwise does not warrant action; or

(b) the Commissioner is satisfied that the complaint is not made in good faith; or

(c) the Commissioner is satisfied that the complaint is made for an improper purpose; or

(d) the complainant does not comply with a request for more information under section 12(2) and the Commissioner believes that it is not in the public interest to deal with the complaint; or

(e) the Commissioner is satisfied that there is no reasonable prospect of resolving the complaint by the conduct of a complaint resolution process and the Commissioner does not believe that the complaint should be investigated under Part 4; or

(f) the subject matter of the complaint comes within the jurisdiction of a court, tribunal or other body; or

(g) the subject matter of the complaint—

(i) is before a court, tribunal or other body; or

(ii) has been determined by a court, tribunal or other body and does not raise a new matter that, the Commissioner believes, ought to be dealt with by the Commissioner; or

(h) the health service provider has taken action that the Commissioner is satisfied has resolved the complaint; or

(i) the Commissioner is satisfied that—

(i) reasonable attempts have not been made to seek to resolve the complaint with the health service provider; and

(ii) it is reasonable and appropriate to seek to resolve the complaint with the health service provider; or

(j) the complaint has been withdrawn under this Part.