sec.86Investigation reports

sec.86 Investigation reports

After completing an investigation, the health ombudsman may prepare a report on the investigation (an investigation report ) containing information, comment or recommendations for action. In preparing an investigation report, the health ombudsman may have regard to a prescribed conduct document under section 288 . The health ombudsman must not include in an investigation report any adverse comment about an entity identifiable from the report unless the entity has been given a copy of the comment and given a reasonable period of at least 22 business days to make a submission about it. If an entity makes a submission under subsection (3) , the health ombudsman— must have regard to the submission before finalising the investigation report; and must not include the relevant comment in the report unless the health ombudsman also includes the entity’s submission, or a fair summary of it, in the report. If the health ombudsman proposes to recommend in an investigation report that a particular entity take particular action, the health ombudsman must consult with the entity about the recommendation before finalising the report. Subsection (3) does not apply to— an investigation report that is not made publicly available and not given to any entity other than the Minister, the parliamentary committee, the National Agency, a National Board or a government entity; or an investigation report to the extent it is given to the director of proceedings or disclosed in a proceeding for a matter referred to QCAT. Also, subsections (3) and (5) do not apply to the extent that the health ombudsman reasonably considers giving an entity a copy of comments or consulting with the entity about a matter would— 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. s 86 amd 2019 No. 38 s 27 sch 2 (sec.86-ssec.1) After completing an investigation, the health ombudsman may prepare a report on the investigation (an investigation report ) containing information, comment or recommendations for action. (sec.86-ssec.2) In preparing an investigation report, the health ombudsman may have regard to a prescribed conduct document under section 288 . (sec.86-ssec.3) The health ombudsman must not include in an investigation report any adverse comment about an entity identifiable from the report unless the entity has been given a copy of the comment and given a reasonable period of at least 22 business days to make a submission about it. (sec.86-ssec.4) If an entity makes a submission under subsection (3) , the health ombudsman— must have regard to the submission before finalising the investigation report; and must not include the relevant comment in the report unless the health ombudsman also includes the entity’s submission, or a fair summary of it, in the report. (sec.86-ssec.5) If the health ombudsman proposes to recommend in an investigation report that a particular entity take particular action, the health ombudsman must consult with the entity about the recommendation before finalising the report. (sec.86-ssec.6) Subsection (3) does not apply to— an investigation report that is not made publicly available and not given to any entity other than the Minister, the parliamentary committee, the National Agency, a National Board or a government entity; or an investigation report to the extent it is given to the director of proceedings or disclosed in a proceeding for a matter referred to QCAT. (sec.86-ssec.7) Also, subsections (3) and (5) do not apply to the extent that the health ombudsman reasonably considers giving an entity a copy of comments or consulting with the entity about a matter would— 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.