Revised Laws of Saint Lucia (2023)

11.   Procedure following receipt of complaint

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   (1)   Within 28 days after receiving a complaint or within a further period fixed under subsection (3), the Commission shall decide whether, and to what extent—

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      (a)     to accept it;

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      (b)     to reject it; or

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      (c)     to refer it to a registration authority or to a person, organisation or agency.

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   (2)   To enable the Commission to make a decision under sub-section (1) the Commission may make such inquiries as the Commission considers appropriate.

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   (3)   If the Commission considers that—

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      (a)     a complaint is unduly complex; or

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      (b)     a complaint can be satisfactorily resolved within a further period fixed by the Commission,

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   the Commission may fix a further period of not more than 28 days for the purposes of subsection (2).

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   (4)   The Commission shall reject a complaint which in the Commission's opinion is frivolous, vexatious, and trivial or does not warrant investigation.

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   (5)   If an issue raised in a complaint has already been determined by a court, an industrial tribunal or a registration authority the Commission shall reject the complaint to the extent to which it relates to that issue unless in the Commission's opinion it relates to matters which were not raised before the court, industrial tribunal or registration authority.

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   (6)   The Commission shall reject a complaint about an incident which occurred more than 12 months before the complaint is made if in the Commission's opinion the person who made the complaint has not shown good reason for the delay.

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   (7)   The Commission may reject a complaint if, when asked, the person who complained to the Commission does not—

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      (a)     confirm the complaint in writing;

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      (b)     give more information about the complaint within the time fixed by the Commission; or

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      (c)     give the Commission more information concerning the person's identity.

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   (8)   The Commission shall investigate a complaint if it is satisfied that the user has taken all reasonable steps, or, if the complaint was made on the user's behalf, all reasonable steps have been taken on the user's behalf, to resolve the matter with the health service provider.

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   (9)   If a complaint raises issues which, in the Commission's opinion, require investigation by another person, organisation or agency, the Commission may refer the complaint to the appropriate person, organisation or agency.