Referral of matter to referral entity
20 Referral of matter to referral entity
The inspector may enter into an arrangement with a referral entity relating to—
matters the subject of an action under the entity’s authorising Act about which the entity will notify the inspector; and
matters about which the inspector will notify the entity that could be made the subject of an action under the entity’s authorising Act; and
the handling of a review, inspection or other matter by the inspector that could be dealt with by the entity under the entity’s authorising Act.
Subject to subsection (5), the inspector and the referral entity may perform their functions in accordance with an arrangement entered into under subsection (1).
Subsection (4) applies if the inspector considers a matter can be more appropriately dealt with by a referral entity other than the inspector.
The inspector may decide not to perform a function in relation to the matter and refer the matter to the referral entity.
If the inspector considers the matter may be dealt with by the referral entity as a complaint under the referral entity’s authorising Act, the inspector may refer the matter under subsection (4) only with the consent of the person who would be the complainant if the referral entity dealt with the matter.
Nothing in this section requires a referral entity to deal with a matter referred under subsection (4).
In this section—
action includes a complaint, inquiry and investigation.
authorising Act, of a referral entity, means the Act in relation to which the referral entity is mentioned in the definition referral entity, paragraphs (a) to (d).
referral entity means—
the health ombudsman under the Health Ombudsman Act 2013; or
the human rights commissioner acting under the Human Rights Act 2019; or
the ombudsman under the Ombudsman Act 2001; or
the public guardian under the Public Guardian Act 2014.
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