sec.103How director must deal with referral

sec.103 How director must deal with referral

The director must— refer the matter, as provided under the QCAT Act , to QCAT on behalf of the health ombudsman; or refer the matter back to the health ombudsman to deal with under section 105 . If the director refers the matter back to the health ombudsman, the director may— recommend that particular further action be taken by the health ombudsman; or request that the health ombudsman obtain stated information or information of a stated kind under this Act. The director may be unable to decide if a matter should be referred to QCAT or may consider that further evidence is needed to conduct a proceeding for the matter before QCAT. The director may refer the matter back to the health ombudsman with a recommendation that the health ombudsman further investigate the matter under part 8 . Alternatively, the director may request that the health ombudsman obtain particular information. In deciding whether to refer the matter to QCAT, the director must have regard to— the paramount guiding principle; and the seriousness of the matter; and the likelihood of proving relevant matters before QCAT; and the orders that QCAT may make; and anything else the director considers relevant. Before deciding whether to refer the matter to QCAT, the director may consult with the relevant National Board. The director must refer the matter to QCAT if it is a matter that, under the National Law , the health ombudsman is required to refer to QCAT. s 103 amd 2019 No. 38 s 47 (sec.103-ssec.1) The director must— refer the matter, as provided under the QCAT Act , to QCAT on behalf of the health ombudsman; or refer the matter back to the health ombudsman to deal with under section 105 . (sec.103-ssec.2) If the director refers the matter back to the health ombudsman, the director may— recommend that particular further action be taken by the health ombudsman; or request that the health ombudsman obtain stated information or information of a stated kind under this Act. The director may be unable to decide if a matter should be referred to QCAT or may consider that further evidence is needed to conduct a proceeding for the matter before QCAT. The director may refer the matter back to the health ombudsman with a recommendation that the health ombudsman further investigate the matter under part 8 . Alternatively, the director may request that the health ombudsman obtain particular information. (sec.103-ssec.3) In deciding whether to refer the matter to QCAT, the director must have regard to— the paramount guiding principle; and the seriousness of the matter; and the likelihood of proving relevant matters before QCAT; and the orders that QCAT may make; and anything else the director considers relevant. (sec.103-ssec.4) Before deciding whether to refer the matter to QCAT, the director may consult with the relevant National Board. (sec.103-ssec.5) The director must refer the matter to QCAT if it is a matter that, under the National Law , the health ombudsman is required to refer to QCAT.