Health Ombudsman Act 2013
sec.278Notice of decision relating to complaint
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sec.278 Notice of decision relating to complaint
As soon as practicable, and no later than 5 business days, after making a decision to which this section applies, the health ombudsman must give notice to the complainant and relevant health service provider stating the following— the decision; if the health ombudsman has decided to take relevant action, the particular relevant action that the health ombudsman has decided to take; the reasons for the decision. If the decision is a decision not to accept a health service complaint made orally, the requirement to give notice under subsection (1) applies as follows— the notice to the complainant may be given orally at the time when the complaint is made; if notice to the complainant is given as mentioned in paragraph (a) , the health ombudsman is not required to give notice of the complaint, or the decision not to accept it, to the relevant health service provider. A requirement under this Act to give notice of a decision under this section to the relevant health service provider does not apply if— the decision is to take no further action in relation to the matter; and the health ombudsman has not previously given a notice to, or otherwise communicated with, the relevant health service provider about the matter. A requirement under this Act to give a notice under this section to a complainant does not apply if the complainant has advised the health ombudsman (orally or in writing) that the complainant waives compliance with the requirement. s 278 amd 2019 No. 38 s 60 ; 2019 No. 38 s 27 sch 2 (sec.278-ssec.1) As soon as practicable, and no later than 5 business days, after making a decision to which this section applies, the health ombudsman must give notice to the complainant and relevant health service provider stating the following— the decision; if the health ombudsman has decided to take relevant action, the particular relevant action that the health ombudsman has decided to take; the reasons for the decision. (sec.278-ssec.2) If the decision is a decision not to accept a health service complaint made orally, the requirement to give notice under subsection (1) applies as follows— the notice to the complainant may be given orally at the time when the complaint is made; if notice to the complainant is given as mentioned in paragraph (a) , the health ombudsman is not required to give notice of the complaint, or the decision not to accept it, to the relevant health service provider. (sec.278-ssec.3) A requirement under this Act to give notice of a decision under this section to the relevant health service provider does not apply if— the decision is to take no further action in relation to the matter; and the health ombudsman has not previously given a notice to, or otherwise communicated with, the relevant health service provider about the matter. (sec.278-ssec.4) A requirement under this Act to give a notice under this section to a complainant does not apply if the complainant has advised the health ombudsman (orally or in writing) that the complainant waives compliance with the requirement.