Health and Disability Commissioner Act 1994

Commissioner required to share certain information

Heading: inserted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).

39 Commissioner to inform agencies of certain risks

(1)

Whenever the Commissioner has reason to believe that the practice of a health practitioner may pose a risk of harm to the public, the Commissioner must promptly notify the appropriate authority of that belief and the reasons for it.

(2)

Whenever the Commissioner has reason to believe that failures or inadequacies in the systems or practices of a health care provider or a disability services provider are harming or are likely to harm the health or safety of members of the public, the Commissioner must promptly notify the Director-General of Health of that belief and the reasons for it.

(3)

If, during or after an investigation, the Commissioner is of the opinion that there is evidence of a significant breach of duty or misconduct on the part of a health care provider or disability services provider or an officer or employee or member of a health care provider or disability services provider, the Commissioner must promptly refer the matter to the appropriate person or agency.

Section 39: substituted, on 18 September 2004, by section 9 of the Health and Disability Commissioner Amendment Act 2003 (2003 No 49).