sec.23Matters may be dealt with despite death of relevant person

sec.23 Matters may be dealt with despite death of relevant person

This section applies if— a person dies and, if the person were alive, the person could make a health service complaint about a particular matter; or a person makes a health service complaint but dies before the complaint is finally dealt with; or a health service complaint could be made for which a person would be the relevant health service provider but the complaint is not made before the person dies; or a health service complaint is made for which a person is the relevant health service provider but the person dies before the complaint is finally dealt with; or a person dies and a matter concerning the person— was being dealt with, but had not been finally dealt with, under this Act when the person died; or was not being, but was a matter that could have been, dealt with under this Act at the time the person died. If subsection (1) (a) applies, a health service complaint may be made on behalf of the person. If subsection (1) (b) applies, the health ombudsman may, at another person’s request, permit the other person to be substituted as the complainant. If subsection (1) (c) applies, a health service complaint may be made for which the person is the relevant health service provider. The health ombudsman or another entity may deal with (or continue to deal with) a health service complaint or other matter mentioned in subsection (1) to (4) under this Act in the way the health ombudsman or other entity considers appropriate. If a registered health practitioner provides a health service to a person and the person dies— a member of the person’s family may make a health service complaint on the person’s behalf; and the health ombudsman may refer the complaint to the director of proceedings who may refer it to QCAT; and QCAT may hear the matter and decide to impose a condition on the practitioner’s registration. A health service complaint is made about a health service practitioner but the practitioner dies before the complaint is finally dealt with under this Act. The health ombudsman may carry out an investigation under part 8 of a matter to which the complaint relates to identify systemic issues with the provision of health services. (sec.23-ssec.1) This section applies if— a person dies and, if the person were alive, the person could make a health service complaint about a particular matter; or a person makes a health service complaint but dies before the complaint is finally dealt with; or a health service complaint could be made for which a person would be the relevant health service provider but the complaint is not made before the person dies; or a health service complaint is made for which a person is the relevant health service provider but the person dies before the complaint is finally dealt with; or a person dies and a matter concerning the person— was being dealt with, but had not been finally dealt with, under this Act when the person died; or was not being, but was a matter that could have been, dealt with under this Act at the time the person died. (sec.23-ssec.2) If subsection (1) (a) applies, a health service complaint may be made on behalf of the person. (sec.23-ssec.3) If subsection (1) (b) applies, the health ombudsman may, at another person’s request, permit the other person to be substituted as the complainant. (sec.23-ssec.4) If subsection (1) (c) applies, a health service complaint may be made for which the person is the relevant health service provider. (sec.23-ssec.5) The health ombudsman or another entity may deal with (or continue to deal with) a health service complaint or other matter mentioned in subsection (1) to (4) under this Act in the way the health ombudsman or other entity considers appropriate. If a registered health practitioner provides a health service to a person and the person dies— a member of the person’s family may make a health service complaint on the person’s behalf; and the health ombudsman may refer the complaint to the director of proceedings who may refer it to QCAT; and QCAT may hear the matter and decide to impose a condition on the practitioner’s registration. A health service complaint is made about a health service practitioner but the practitioner dies before the complaint is finally dealt with under this Act. The health ombudsman may carry out an investigation under part 8 of a matter to which the complaint relates to identify systemic issues with the provision of health services.