sec.38Meaning of relevant action

sec.38 Meaning of relevant action

Each of the following is a relevant action for dealing with a health service complaint— assessing the complaint under part 5 ; facilitating local resolution of the complaint under part 6 ; taking immediate action under part 7 ; investigating the subject matter of the complaint under part 8 ; issuing a prohibition order under part 8A ; referring the complaint to the National Agency or an entity of the State, another State or the Commonwealth under part 9 ; for a health service complaint concerning a registered health practitioner, referring the complaint to the director of proceedings under part 10 , division 2 for decision about whether to refer the complaint to QCAT; conciliating the complaint under part 11 ; carrying out an inquiry into the subject matter of the complaint under part 12 . However, the health ombudsman may deal with a complaint by facilitating local resolution of it, or conciliating it, only if— it relates to the provision of a health service to the complainant; or the complainant has made the complaint on behalf of someone else and the health ombudsman is satisfied the complainant has a sufficient interest in it, for example, because— the complaint concerns a health service provided to a child and the complainant is the child’s parent; or the complaint concerns a health service provided to a person with impaired capacity and the complainant is the person’s guardian under the Guardianship and Administration Act 2000 ; or the complaint concerns a health service provided to a person who has died and the complainant is a member of the person’s family; or the complaint concerns a health service provided to another person who has asked the complainant to make the complaint. Each of the following is a relevant action for dealing with a matter relating to a health service other than as part of a health service complaint— taking immediate action under part 7 ; investigating the matter under part 8 ; issuing a prohibition order under part 8A ; referring the matter to the National Agency or an entity of the State, another State or the Commonwealth under part 9 ; for a matter relating to a registered health practitioner, referring the matter to the director of proceedings under part 10 , division 2 for decision about whether to refer the matter to QCAT; carrying out an inquiry into the matter under part 12 . s 38 amd 2019 No. 38 s 33 (sec.38-ssec.1) Each of the following is a relevant action for dealing with a health service complaint— assessing the complaint under part 5 ; facilitating local resolution of the complaint under part 6 ; taking immediate action under part 7 ; investigating the subject matter of the complaint under part 8 ; issuing a prohibition order under part 8A ; referring the complaint to the National Agency or an entity of the State, another State or the Commonwealth under part 9 ; for a health service complaint concerning a registered health practitioner, referring the complaint to the director of proceedings under part 10 , division 2 for decision about whether to refer the complaint to QCAT; conciliating the complaint under part 11 ; carrying out an inquiry into the subject matter of the complaint under part 12 . (sec.38-ssec.2) However, the health ombudsman may deal with a complaint by facilitating local resolution of it, or conciliating it, only if— it relates to the provision of a health service to the complainant; or the complainant has made the complaint on behalf of someone else and the health ombudsman is satisfied the complainant has a sufficient interest in it, for example, because— the complaint concerns a health service provided to a child and the complainant is the child’s parent; or the complaint concerns a health service provided to a person with impaired capacity and the complainant is the person’s guardian under the Guardianship and Administration Act 2000 ; or the complaint concerns a health service provided to a person who has died and the complainant is a member of the person’s family; or the complaint concerns a health service provided to another person who has asked the complainant to make the complaint. (sec.38-ssec.3) Each of the following is a relevant action for dealing with a matter relating to a health service other than as part of a health service complaint— taking immediate action under part 7 ; investigating the matter under part 8 ; issuing a prohibition order under part 8A ; referring the matter to the National Agency or an entity of the State, another State or the Commonwealth under part 9 ; for a matter relating to a registered health practitioner, referring the matter to the director of proceedings under part 10 , division 2 for decision about whether to refer the matter to QCAT; carrying out an inquiry into the matter under part 12 .