63What happens if conciliation fails?

63 What happens if conciliation fails? S. 63(1) amended by No. 22/2016 s. 208(a). (1) If the Health Complaints Commissioner has attempted unsuccessfully to conciliate a complaint, he or she— (a) must decide whether to investigate the complaint under Division 4 or to take no further action in respect of the complaint; and (b) must notify the complainant and the respondent in writing. S. 63(2) amended by No. 22/2016 s. 208(b). (2) A notice under subsection (1) must state that the complainant, by notice in writing given to the Health Complaints Commissioner— S. 63(2)(a) amended by No. 22/2016 s. 208(c). (a) may require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6; and S. 63(2)(b) amended by No. 22/2016 s. 208(d). (b) if the Health Complaints Commissioner proposes to investigate the complaint, may object or agree to the investigation. S. 63(3) amended by No. 22/2016 s. 208(e). (3) If the Health Complaints Commissioner proposes to take no further action in respect of a complaint, the complainant, by written notice to the Health Complaints Commissioner within 60 days after receiving the notice under subsection (1), may require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6. S. 63(4) amended by No. 22/2016 s. 208(f). (4) If the Health Complaints Commissioner proposes to investigate a complaint under Division 4, the complainant, by written notice to the Health Complaints Commissioner within 60 days after receiving the notice under subsection (1)— S. 63(4)(a) amended by No. 22/2016 s. 208(g). (a) may object to the investigation and may require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6; or (b) may agree to the investigation. S. 63(5) amended by No. 22/2016 s. 208(h). (5) The Health Complaints Commissioner must comply with a notice under subsection (3) or (4)(a). S. 63(6) amended by No. 22/2016 s. 208(i). (6) If the complainant does not notify the Health Complaints Commissioner under subsection (3) or (4), the Health Complaints Commissioner must dismiss the complaint. S. 63(7) amended by No. 22/2016 s. 208(j). (7) If the complainant objects to the investigation but does not require the Health Complaints Commissioner to refer the complaint to the Tribunal for hearing under Division 6, the Health Complaints Commissioner must dismiss the complaint. S. 63(8) amended by No. 22/2016 s. 208(k). (8) As soon as possible after a dismissal under subsection (6) or (7), the Health Complaints Commissioner must, by written notice, notify the complainant and the respondent of the dismissal. (9) A complainant may take no further action under this Act in relation to the subject-matter of a complaint dismissed under this section. S. 63(10) amended by No. 22/2016 s. 208(l). (10) If a complainant agrees to an investigation of the complaint, the Health Complaints Commissioner— (a) must notify the respondent in writing that an investigation will be conducted; and (b) must investigate the complaint as soon as practicable after receipt of the notice under subsection (4)(b). Division 4—Investigation, rulings and compliance notices