sec.35GDealing with complaint if no agreement after further negotiation or no further negotiation

sec.35G Dealing with complaint if no agreement after further negotiation or no further negotiation

This section applies if the health ombudsman and National Agency do not reach an agreement about how the complaint should be dealt with under section 35F . The health ombudsman must deal with the complaint as follows— if the health ombudsman believes the complaint indicates a serious matter within the meaning of section 91C — the health ombudsman must not refer the serious matter to the National Agency and must deal with the serious matter under this Act; and the health ombudsman must deal with any other matter arising from the complaint as mentioned in paragraph (b) to (d) as if the other matter were the subject of a separate complaint; if the health ombudsman believes the complaint should be the subject of an assessment under part 5 , an investigation under part 8 or a referral to the director of proceedings under part 10 , division 2 —the health ombudsman must not refer the complaint to the National Agency and must deal with the complaint under this Act; if neither paragraph (a) nor (b) applies and the health ombudsman, or the National Agency, believes the complaint should be referred to the National Agency—the health ombudsman must refer the complaint to the National Agency to deal with under the National Law; otherwise—the health ombudsman must deal with the complaint under this Act, whether or not in further consultation with the National Agency. s 35G ins 2019 No. 38 s 32 (sec.35G-ssec.1) This section applies if the health ombudsman and National Agency do not reach an agreement about how the complaint should be dealt with under section 35F . (sec.35G-ssec.2) The health ombudsman must deal with the complaint as follows— if the health ombudsman believes the complaint indicates a serious matter within the meaning of section 91C — the health ombudsman must not refer the serious matter to the National Agency and must deal with the serious matter under this Act; and the health ombudsman must deal with any other matter arising from the complaint as mentioned in paragraph (b) to (d) as if the other matter were the subject of a separate complaint; if the health ombudsman believes the complaint should be the subject of an assessment under part 5 , an investigation under part 8 or a referral to the director of proceedings under part 10 , division 2 —the health ombudsman must not refer the complaint to the National Agency and must deal with the complaint under this Act; if neither paragraph (a) nor (b) applies and the health ombudsman, or the National Agency, believes the complaint should be referred to the National Agency—the health ombudsman must refer the complaint to the National Agency to deal with under the National Law; otherwise—the health ombudsman must deal with the complaint under this Act, whether or not in further consultation with the National Agency.