Health Ombudsman Act 2013
sec.139Requirement to negotiate in good faith
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sec.139 Requirement to negotiate in good faith
During conciliation of the health service complaint, the complainant and relevant health service provider must negotiate in good faith. agreeing to meet at reasonable times proposed by another party attending meetings that the party had agreed to attend complying with negotiation procedures agreed to by the parties not capriciously adding or withdrawing items for negotiation disclosing relevant information as appropriate for the negotiations taking part for the purpose of resolving the complaint rather than to gain some other benefit (for example, to obtain information for another purpose) The health ombudsman may consider the extent of compliance with subsection (1) when deciding whether to end the conciliation and what other relevant action (if any) to take in relation to the complaint. (sec.139-ssec.1) During conciliation of the health service complaint, the complainant and relevant health service provider must negotiate in good faith. agreeing to meet at reasonable times proposed by another party attending meetings that the party had agreed to attend complying with negotiation procedures agreed to by the parties not capriciously adding or withdrawing items for negotiation disclosing relevant information as appropriate for the negotiations taking part for the purpose of resolving the complaint rather than to gain some other benefit (for example, to obtain information for another purpose) (sec.139-ssec.2) The health ombudsman may consider the extent of compliance with subsection (1) when deciding whether to end the conciliation and what other relevant action (if any) to take in relation to the complaint.
- • agreeing to meet at reasonable times proposed by another party
- • attending meetings that the party had agreed to attend
- • complying with negotiation procedures agreed to by the parties
- • not capriciously adding or withdrawing items for negotiation
- • disclosing relevant information as appropriate for the negotiations
- • taking part for the purpose of resolving the complaint rather than to gain some other benefit (for example, to obtain information for another purpose)