65Referring privacy related complaint to Health Care Complaints Commission

#### 65 Referring privacy related complaint to Health Care Complaints Commission 65 Referring privacy related complaint to Health Care Complaints Commission > > (1) The Privacy Commissioner may refer a complaint made under this Act to the Health Care Complaints Commission if the complaint concerns— > > > > > (a) the professional conduct of a health service provider, or > > > > > (b) a health service that affects the clinical management or care of a person who uses or receives a health service (including a patient). > > > (2) The Privacy Commissioner may communicate to the Health Care Complaints Commission any information that the Privacy Commissioner has obtained in relation to the complaint. > > > (3) The Privacy Commissioner and the Health Care Complaints Commission are to consult regularly to ensure the appropriate referral of complaints between them. > > > > Note. > > > > Section 26 of the [Health Care Complaints Act 1993](/view/html/inforce/current/act-1993-105) provides that the Health Care Complaints Commission may refer a complaint to another person or body. The Commission may therefore refer a complaint that raises a possible contravention of a Health Privacy Principle, a provision of Part 4 or a health privacy code of practice to the Privacy Commissioner. > > > (4) This section does not affect the operation of section 47 (Referring privacy related complaints to other authorities) of the PPIP Act.