28Commissioner to notify referral of complaint

28 Commissioner to notify referral of complaint

(1) As soon as practicable after a referral is made under section 25, the Commissioner must notify the following persons or bodies of doing so—

(b) the Australian Health Practitioner Regulation Agency and any relevant National Board, if the matter is relevant to the regulation of the National Law;

(c) the person who received or sought the health service, if the person is not the complainant and it is appropriate in the circumstances to do so;

(d) the relevant health service provider.

(2) As soon as practicable after a referral is made under section 26, the Commissioner must notify the following persons or bodies of doing so—

(b) the person who received or sought the health service, if the person is not the complainant and it is appropriate in the circumstances to do so;

(c) the relevant health service provider.

Division 4 of Part 2 provides for the deferral of the giving of a notice under this section in certain circumstances.

Division 4—Deferral of notifications

29 Deferral of notifications by Commissioner

(1) The Commissioner may give a relevant notice or information to a party to a complaint at the same time as taking a relevant action in relation to the complaint if the Commissioner reasonably believes that advising the party of the complaint before that time may—

(a) prejudice an investigation by the Commissioner; or

(b) place at serious risk—

(2) This section applies despite any requirement to the contrary in any other section of this Act.

(3) Despite subsection (1), the Commissioner must give the relevant notice or information to the relevant party without delay if the Commissioner ceases to hold the belief set out in subsection (1) before the time for taking a relevant action in relation to a complaint.

(4) In this section—

relevant action means—

(a) the execution of a search warrant under Division 3 of Part 5; or

(b) the publication of a general health service warning statement under section 87; or

(c) the service of an interim prohibition order under section 90.