Commission may conduct inquiry concerning provision of services
39 Commission may conduct inquiry concerning provision of services
The Commission may conduct an inquiry in relation to the provision of services if the Commission—
identifies a persistent or recurring systemic issue in the provision of those services; and
considers that a review of those services will assist in the improvement of the provision of those services; and
considers that the inquiry can be conducted within the resources of the Commission.
S. 39(2) substituted by No. 61/2014 s. 157.
The inquiry must relate to—
services provided, or omitted to be provided, by a community service, health service, human service or school; or
S. 39(2)(b) substituted by No. 32/2024 s. 991.
child protection services provided, or omitted to be provided, by the Secretary; or
S. 39(2)(ba) inserted by No. 32/2024 s. 991.
youth justice services provided, or omitted to be provided, by the Justice Secretary; or
S. 39(2)(bb) inserted by No. 32/2024 s. 991.
youth justice services provided, or omitted to be provided, by the Commissioner for Youth Justice—
to or in relation to—
a vulnerable child or young person; or
a group of vulnerable children or young persons; or
a child, if those services deal with matters affecting his or her safety or wellbeing; or
a group of children, if those services deal with matters affecting their safety or wellbeing; or
a primary family carer, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of his or her child; or
a group of primary family carers, if those services deal with matters affecting, or may otherwise affect, the safety or wellbeing of those carers' children.
The Commission must not conduct an inquiry under this Division into the appropriateness or otherwise of the clinical decision-making of a registered health practitioner.
In subsection (3), registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession (other than as a student);
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.