Health and Community Services Complaints Act 2004

If a registration authority receives a complaint against a health or community service provider that appears to be made by a person who is entitled under section 24 to make a complaint and discloses a ground for complaint specified in section 25(1), the registration authority must—

provide the Commissioner with relevant details of the complaint; and

consult with the Commissioner with respect to whether or not the complaint is to be referred to the Commissioner.

A registration authority must, in consulting with the Commissioner under subsection (1), provide to the Commissioner copies of any documents in its possession that relate to the complaint and that are requested by the Commissioner.

If the Commissioner and registration authority agree, the complaint may be referred to the Commissioner.

Subject to subsection (5), if the Commissioner and a registration authority fail to reach an agreement as to whether the Commissioner or the registration authority should deal with the complaint—

the party (either the Commissioner or the registration authority) that considers that the complaint warrants investigation will be responsible for conducting such an investigation under the provisions of this Act or the relevant registration law (as the case may be) and the other party must take no further action pending the outcome of that investigation; or

if both parties consider that the complaint warrants investigation, the registration authority must comply with the written decision of the Commissioner on the matter.

If the registration authority is of the view that without further investigation there are sufficient grounds for the matter to be heard as a disciplinary proceeding in accordance with the relevant registration law, the registration authority may proceed to deal with the complaint and the Commissioner must take no action on the complaint (other than under section 64) unless or until the registration authority refers the matter (or any aspect of the matter) to the Commissioner.

A complaint referred to the Commissioner under this section will be taken to be a complaint made to the Commissioner.

A registration authority is to take no further action on a complaint referred to the Commissioner under this section unless the Commissioner refers the complaint back to the registration authority.

If a complaint relates to a nationally registered health practitioner, the matter will proceed under section 150 of the Health Practitioner Regulation National Law (South Australia) rather than under a preceding subsection.

The Commissioner and a registration authority may agree on protocols that relate to—

the consultation process referred to in subsection (1); and

the referral of complaints between the registration authority and the Commissioner after taking into account the principles reflected by this section and the Health Practitioner Regulation National Law (South Australia), as may be relevant.