sec.44Decision to take no further action on a matter

sec.44 Decision to take no further action on a matter

At any time, the health ombudsman may decide to take no further action on a health service complaint or other matter if the health ombudsman reasonably considers— the complaint or other matter— is frivolous, vexatious, trivial or not made in good faith; or is misconceived or lacking in substance; or is being adequately dealt with by another appropriate entity; or has been resolved or otherwise appropriately finalised by the health ombudsman or another appropriate entity; or despite reasonable efforts by the health ombudsman or another appropriate entity, cannot be resolved; or for a complaint— the complainant has failed, without reasonable excuse, to— satisfactorily cooperate with attempts made or arranged by the health ombudsman to resolve the complaint; or comply with a request from the health ombudsman for information the health ombudsman needs to properly deal with the complaint; or the complaint is withdrawn; or the matter of the complaint arose, and the complainant was aware of the matter, at least 2 years before the complaint was made. However, subsection (1) (b) (iii) does not apply if the health ombudsman reasonably considers— a registered health practitioner may have behaved in a way that constitutes professional misconduct; or another ground may exist for the suspension or cancellation of a registered health practitioner’s registration. The health ombudsman may decide to take no further action on a matter if a complainant, health service provider or other relevant person dies and the health ombudsman reasonably considers it would be appropriate to take no further action. (sec.44-ssec.1) At any time, the health ombudsman may decide to take no further action on a health service complaint or other matter if the health ombudsman reasonably considers— the complaint or other matter— is frivolous, vexatious, trivial or not made in good faith; or is misconceived or lacking in substance; or is being adequately dealt with by another appropriate entity; or has been resolved or otherwise appropriately finalised by the health ombudsman or another appropriate entity; or despite reasonable efforts by the health ombudsman or another appropriate entity, cannot be resolved; or for a complaint— the complainant has failed, without reasonable excuse, to— satisfactorily cooperate with attempts made or arranged by the health ombudsman to resolve the complaint; or comply with a request from the health ombudsman for information the health ombudsman needs to properly deal with the complaint; or the complaint is withdrawn; or the matter of the complaint arose, and the complainant was aware of the matter, at least 2 years before the complaint was made. (sec.44-ssec.2) However, subsection (1) (b) (iii) does not apply if the health ombudsman reasonably considers— a registered health practitioner may have behaved in a way that constitutes professional misconduct; or another ground may exist for the suspension or cancellation of a registered health practitioner’s registration. (sec.44-ssec.3) The health ombudsman may decide to take no further action on a matter if a complainant, health service provider or other relevant person dies and the health ombudsman reasonably considers it would be appropriate to take no further action.