(2) Subject to subsection (4), the person may S. 49Q(2) apply to the Health Complaints Commissioner amended by No. 22/2016 for conciliation under Division 3 of Part 6 of the s. 174(a). Health Records Act 2001 instead of making an application under section 49A of this Act. (3) Division 3 of Part 6 of the Health Records Act 2001 (except section 63) applies to the conciliation as if it were a conciliation of a complaint made under that Act. (4) An application may be made under subsection (2) in relation to a document that is an exempt document referred to in section 32, 33 or 38 but an application cannot be made under that subsection in relation to any other exempt document under this Act. (5) An application under subsection (2) must be made within— (a) 70 days, in the case of a decision referred to in section 27(1)(da); or (b) 28 days, in any other case— after the day on which notice in writing of the decision is given to the applicant in accordance with section 27. (6) If the Health Complaints Commissioner has S. 49Q(6) amended by attempted unsuccessfully to conciliate a matter on No. 22/2016 an application under this Division, he or she must s. 174(b). give notice in writing to— (a) the applicant; and S. 49Q(6)(b) (b) the principal officer of the agency or the amended by Minister responsible for the agency or the No. 20/2017 Minister to whom the request was made; and s. 41(2)(a). (c) the Information Commissioner. S. 49Q(6)(c) amended by No. 20/2017 s. 41(2)(b).
S. 49Q(2) amended by No. 22/2016 s. 174(a). (2) Subject to subsection (4), the person may apply to the Health Complaints Commissioner for conciliation under Division 3 of Part 6 of the Health Records Act 2001 instead of making an application under section 49A of this Act. (3) Division 3 of Part 6 of the Health Records Act 2001 (except section 63) applies to the conciliation as if it were a conciliation of a complaint made under that Act. (4) An application may be made under subsection (2) in relation to a document that is an exempt document referred to in section 32, 33 or 38 but an application cannot be made under that subsection in relation to any other exempt document under this Act. (5) An application under subsection (2) must be made within— (a) 70 days, in the case of a decision referred to in section 27(1)(da); or (b) 28 days, in any other case— after the day on which notice in writing of the decision is given to the applicant in accordance with section 27. S. 49Q(6) amended by No. 22/2016 s. 174(b). (6) If the Health Complaints Commissioner has attempted unsuccessfully to conciliate a matter on an application under this Division, he or she must give notice in writing to— (a) the applicant; and S. 49Q(6)(b) amended by No. 20/2017 s. 41(2)(a). (b) the principal officer of the agency or the Minister responsible for the agency or the Minister to whom the request was made; and S. 49Q(6)(c) amended by No. 20/2017 s. 41(2)(b). (c) the Information Commissioner.