Health Ombudsman Act 2013
sec.91CComplaint or matter indicating serious matter must not be referred
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sec.91C Complaint or matter indicating serious matter must not be referred
The health ombudsman must not refer the health service complaint or other matter to the National Agency to the extent it relates to, or is, a matter (a serious matter )— that indicates either or both of the following— the registered health practitioner may have behaved in a way that constitutes professional misconduct; another ground may exist for the suspension or cancellation of the registered health practitioner’s registration; and that the health ombudsman is satisfied should be dealt with by the health ombudsman. A health service complaint or other matter indicating a matter mentioned in subsection (1) (a) may be referred to the director of proceedings who may refer it to QCAT on the health ombudsman’s behalf under section 103 . In deciding whether to be satisfied as mentioned in subsection (1) (b) , the health ombudsman must have regard to— whether the registered health practitioner’s behaviour is of such a serious nature that it may only be appropriately dealt with by the health ombudsman; and whether the matter involves a significant issue for the health and safety of the public. s 91C ins 2019 No. 38 s 41 amd 2022 No. 22 s 23 (sec.91C-ssec.1) The health ombudsman must not refer the health service complaint or other matter to the National Agency to the extent it relates to, or is, a matter (a serious matter )— that indicates either or both of the following— the registered health practitioner may have behaved in a way that constitutes professional misconduct; another ground may exist for the suspension or cancellation of the registered health practitioner’s registration; and that the health ombudsman is satisfied should be dealt with by the health ombudsman. A health service complaint or other matter indicating a matter mentioned in subsection (1) (a) may be referred to the director of proceedings who may refer it to QCAT on the health ombudsman’s behalf under section 103 . (sec.91C-ssec.2) In deciding whether to be satisfied as mentioned in subsection (1) (b) , the health ombudsman must have regard to— whether the registered health practitioner’s behaviour is of such a serious nature that it may only be appropriately dealt with by the health ombudsman; and whether the matter involves a significant issue for the health and safety of the public.
- (a) that indicates either or both of the following— (i) the registered health practitioner may have behaved in a way that constitutes professional misconduct; (ii) another ground may exist for the suspension or cancellation of the registered health practitioner’s registration; and
- (i) the registered health practitioner may have behaved in a way that constitutes professional misconduct;
- (ii) another ground may exist for the suspension or cancellation of the registered health practitioner’s registration; and