sec.320CExisting complaints or other matters

sec.320C Existing complaints or other matters

This section applies to a health service complaint or other matter that— the health ombudsman started, but has not finished, dealing with under this Act before the commencement; or the director of proceedings refers to the health ombudsman under section 320F. The health ombudsman must deal with the complaint or matter under this Act as in force after the commencement to the greatest practicable extent. Without limiting subsection (2)— section 35A applies in relation to a health service complaint made before the commencement if, on the commencement, the health ombudsman has not given notice of a decision under section 35 in relation to the complaint; and part 8A applies to a health practitioner (other than in the person’s capacity as a registered health practitioner) the subject of an investigation under part 8— completed before the commencement; or started before the commencement and completed after the commencement; and part 9, division 1 applies in relation to the health ombudsman deciding whether or not to refer a health service complaint or other matter to the National Agency if, on the commencement, the health ombudsman has not referred the complaint or matter to the National Agency. s 320C ins 2019 No. 38 s 63 (sec.320C-ssec.1) This section applies to a health service complaint or other matter that— the health ombudsman started, but has not finished, dealing with under this Act before the commencement; or the director of proceedings refers to the health ombudsman under section 320F. (sec.320C-ssec.2) The health ombudsman must deal with the complaint or matter under this Act as in force after the commencement to the greatest practicable extent. (sec.320C-ssec.3) Without limiting subsection (2)— section 35A applies in relation to a health service complaint made before the commencement if, on the commencement, the health ombudsman has not given notice of a decision under section 35 in relation to the complaint; and part 8A applies to a health practitioner (other than in the person’s capacity as a registered health practitioner) the subject of an investigation under part 8— completed before the commencement; or started before the commencement and completed after the commencement; and part 9, division 1 applies in relation to the health ombudsman deciding whether or not to refer a health service complaint or other matter to the National Agency if, on the commencement, the health ombudsman has not referred the complaint or matter to the National Agency.

• (a) the health ombudsman started, but has not finished, dealing with under this Act before the commencement; or
• (b) the director of proceedings refers to the health ombudsman under section 320F.
• (a) section 35A applies in relation to a health service complaint made before the commencement if, on the commencement, the health ombudsman has not given notice of a decision under section 35 in relation to the complaint; and