38Outcome of complaint resolution process

38 Outcome of complaint resolution process

(1) If agreement is reached in a complaint resolution process on the resolution of the complaint that is the subject of the process, the Commissioner must—

(a) make a written record of the agreement; and

(b) give a copy of the written record to each party.

(2) If a health service provider gives an undertaking to the Commissioner in the course of a complaint resolution process, the Commissioner must make a written record of the undertaking that is signed by the provider.

(3) If agreement on the resolution of a complaint is not reached in a complaint resolution process, the Commissioner may—

(a) decide to take no further action in respect of the complaint; or

(b) conduct an investigation under Part 4 into the complaint.

(4) If the Commissioner makes a decision under subsection (3)(a), the Commissioner must give written notice of the reasons for that decision to the parties.

Section 43 provides for the confidentiality of anything said or done in conciliation or in an agreement reached in conciliation outside the process except in relation to undertakings under this section.