Health Ombudsman Act 2013
sec.85Times by which investigations must be completed
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sec.85 Times by which investigations must be completed
The health ombudsman must complete an investigation as quickly as is reasonable in all the circumstances and, in any case, by the day (the due day ) that is 1 year, or any extended time decided under subsection (2) , after the decision to carry out the investigation. The health ombudsman may extend the due day for completing an investigation if the health ombudsman reasonably considers that, in all the circumstances (including, for example, the size and complexity of the matters being investigated), it is not possible to properly complete the investigation by the due day. The due day for completing an investigation may be extended more than once under subsection (2) but each extension may not be more than 3 months. The health ombudsman must keep a register, on a publicly accessible website of the health ombudsman, of investigations that have not been completed within 1 year after the decision to carry them out. The register must list the following matters for each of the investigations— the general nature of the matter being investigated; the day on which it was decided to carry out the investigation; the current due day for completing the investigation; the reason for each extension of the due day. The register must not include information that identifies a complainant, health service provider or individual to whom a health service was provided. Also, despite subsection (5) (a) , the register must not state anything about the nature of the matter being investigated if the health ombudsman considers that doing so may— put at serious risk a person’s health or safety; or put a complainant or other person at risk of being harassed or intimidated; or prejudice an investigation or inquiry. If an investigation is not completed within 2 years after the decision to carry it out— the health ombudsman must give notices to the Minister and the parliamentary committee stating— details of the matter being investigated; and why the investigation has not been completed; and without limiting section 179 (1) (c) , the parliamentary committee may review the health ombudsman’s performance of functions under this part in relation to the investigation. This section does not apply to an investigation carried out in compliance with a direction by the Minister under section 81 if the direction includes a stated time by which the investigation must be completed. (sec.85-ssec.1) The health ombudsman must complete an investigation as quickly as is reasonable in all the circumstances and, in any case, by the day (the due day ) that is 1 year, or any extended time decided under subsection (2) , after the decision to carry out the investigation. (sec.85-ssec.2) The health ombudsman may extend the due day for completing an investigation if the health ombudsman reasonably considers that, in all the circumstances (including, for example, the size and complexity of the matters being investigated), it is not possible to properly complete the investigation by the due day. (sec.85-ssec.3) The due day for completing an investigation may be extended more than once under subsection (2) but each extension may not be more than 3 months. (sec.85-ssec.4) The health ombudsman must keep a register, on a publicly accessible website of the health ombudsman, of investigations that have not been completed within 1 year after the decision to carry them out. (sec.85-ssec.5) The register must list the following matters for each of the investigations— the general nature of the matter being investigated; the day on which it was decided to carry out the investigation; the current due day for completing the investigation; the reason for each extension of the due day. (sec.85-ssec.6) The register must not include information that identifies a complainant, health service provider or individual to whom a health service was provided. (sec.85-ssec.7) Also, despite subsection (5) (a) , the register must not state anything about the nature of the matter being investigated if the health ombudsman considers that doing so may— put at serious risk a person’s health or safety; or put a complainant or other person at risk of being harassed or intimidated; or prejudice an investigation or inquiry. (sec.85-ssec.8) If an investigation is not completed within 2 years after the decision to carry it out— the health ombudsman must give notices to the Minister and the parliamentary committee stating— details of the matter being investigated; and why the investigation has not been completed; and without limiting section 179 (1) (c) , the parliamentary committee may review the health ombudsman’s performance of functions under this part in relation to the investigation. (sec.85-ssec.9) This section does not apply to an investigation carried out in compliance with a direction by the Minister under section 81 if the direction includes a stated time by which the investigation must be completed.