159Transitional provision for repeal of Health Services (Conciliation and Review) Act 1987

159 Transitional provision for repeal of Health Services (Conciliation and Review) Act 1987

(1) Despite the commencement of section 160, the 1987 Act continues to apply to a complaint made under section 16 of that Act that is in existence immediately before the commencement day, as if a reference in that Act to the Health Services Commissioner (whether by title or otherwise) were a reference to the Health Complaints Commissioner.

(2) Despite the commencement of section 160—

(a) the 1987 Act continues to apply in relation to an act or omission that occurred before the commencement day as if a reference in the 1987 Act to the Health Services Commissioner (whether by title or otherwise) were a reference to the Health Complaints Commissioner; and

(b) subject to subsection (3), the provisions of this Act (except this section) do not apply to that act or omission.

(3) Part 3 of this Act applies in relation to a complaint made on or after the commencement day under the 1987 Act relating to an act or omission that occurred before the commencement day in place of section 20 of the 1987 Act and with any necessary modifications to the 1987 Act.

(4) Any action that was being taken and any duty that was performed by the Health Services Commissioner under the 1987 Act before the commencement day, and that was not completed before the commencement day, may be dealt with by the Health Complaints Commissioner under that Act as continued on and after the commencement day.

(5) A complaint that was referred to the Health Services Commissioner under section 46 of the Health Records Act 2001, and that was in existence immediately before the commencement day, may be dealt with by the Health Complaints Commissioner under that Act as in force on and after commencement day.

(6) Any action that was being taken and any duty that was being performed by the Health Services Commissioner under the Health Records Act 2001 before the commencement day, and that was not completed before the commencement day, may be dealt with by the Health Complaints Commissioner under that Act as in force on and after the commencement day.

(7) In this section—

commencement day means the date of commencement of section 160;

1987 Act means the Health Services (Conciliation and Review) Act 1987.

Pt 15 (Headings and
ss 160–254) repealed by No. 22/2016 s. 254.

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