Health and Community Services Complaints Act 2004

Subject to subsection (2), a complaint must be made within 2 years from the day on which the complainant first had notice of the circumstances giving rise to the complaint.

The Commissioner may extend the period under subsection (1) in a particular case—

if satisfied that it is appropriate to do so after taking into account—

whether a proper investigation of the complaint should still be possible; and

whether the complaint should still be amenable to resolution under the provisions of this Act; and

whether it would be in the public interest to entertain the complaint; and

any other matter considered relevant by the Commissioner; or

if—

the complaint relates to the provision of a health or community service to a child; and

the complainant first had notice of the circumstances giving rise to the complaint after May 2004.

For the purposes of subsection (1), a complainant will be presumed to have notice of the circumstances giving rise to the complaint at the time he or she might reasonably be expected to have had such notice.

This section does not apply in relation to a complaint made by the Commissioner for Children and Young People, the Commissioner for Aboriginal Children and Young People or the Guardian for Children and Young People under the Children and Young People (Oversight and Advocacy Bodies) Act 2016.