sec.148Ending conciliation

sec.148 Ending conciliation

The health ombudsman must end the conciliation of the health service complaint if— the health ombudsman considers the complaint can not be resolved by conciliation; or the Minister directs the health ombudsman under section 81 to investigate the complaint or under section 152 to conduct an inquiry in relation to the complaint. The health ombudsman may end the conciliation if the health ombudsman believes a party is not negotiating in good faith as required under section 139 . Section 142 (2) (b) (i) also provides for when the health ombudsman must end the conciliation. If the health ombudsman ends the conciliation, the health ombudsman must— if subsection (1) (b) applies, comply with the Minister’s direction; or otherwise, decide— to take particular relevant action to further deal with the complaint; or to take no further action in relation to the complaint. See section 44 for the grounds on which the health ombudsman may decide to take no further action on a complaint. The health ombudsman must give notice of a decision under subsection (4) to the complainant and relevant health service provider under section 278 . (sec.148-ssec.1) The health ombudsman must end the conciliation of the health service complaint if— the health ombudsman considers the complaint can not be resolved by conciliation; or the Minister directs the health ombudsman under section 81 to investigate the complaint or under section 152 to conduct an inquiry in relation to the complaint. (sec.148-ssec.2) The health ombudsman may end the conciliation if the health ombudsman believes a party is not negotiating in good faith as required under section 139 . (sec.148-ssec.3) Section 142 (2) (b) (i) also provides for when the health ombudsman must end the conciliation. (sec.148-ssec.4) If the health ombudsman ends the conciliation, the health ombudsman must— if subsection (1) (b) applies, comply with the Minister’s direction; or otherwise, decide— to take particular relevant action to further deal with the complaint; or to take no further action in relation to the complaint. See section 44 for the grounds on which the health ombudsman may decide to take no further action on a complaint. (sec.148-ssec.5) The health ombudsman must give notice of a decision under subsection (4) to the complainant and relevant health service provider under section 278 .

• (a) the health ombudsman considers the complaint can not be resolved by conciliation; or
• (b) the Minister directs the health ombudsman under section 81 to investigate the complaint or under section 152 to conduct an inquiry in relation to the complaint.
• (a) if subsection (1) (b) applies, comply with the Minister’s direction; or
• (b) otherwise, decide— (i) to take particular relevant action to further deal with the complaint; or (ii) to take no further action in relation to the complaint. Note— See section 44 for the grounds on which the health ombudsman may decide to take no further action on a complaint.