Australian Capital Territory Numbered Acts

HEALTH COMPLAINTS ACT 1993 (NO. 96 OF 1993)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Health Complaints Act 1993.  
   2.      Commencement  
   3.      Objects  
   4.      Interpretation  
   5.      Reasonableness of providers' actions  

   PART II--HEALTH COMPLAINTS UNIT

   6.      Establishment  
   7.      Control  
   8.      Appointment  
   9.      Functions  
   10.     Independence  
   11.     Minister's directions  
   12.     Powers  
   13.     Staffing arrangements  
   14.     Contract work  
   15.     Informality of procedures  
   16.     Acting Commissioner  
   17.     Tenure of office  
   18.     Salary and allowances  
   19.     Resignation  
   20.     Termination or suspension of appointment  

   PART III--HEALTH SERVICES COMPLAINTS

   21.     A complaint to the Commissioner about a health service sought, used or received by, or administered to, a user may be made by the user or, where it is difficult or impossible for the user to make a complaint, or to make a complaint that complies with subsection 26 (1)—  
   22.     Grounds for complaint  
   23.     Assessment  
   24.     Enquiries  
   25.     Splitting of complaints  
   26.     Formal requirements for complaints  
   27.     Confidentiality of user's and complainant's particulars  
   28.     No further action  
   29.     Withdrawal of complaint  
   30.     Advice of disposal of complaint  
   31.     Action on referral of complaints  

   PART IV--CONCILIATION OF COMPLAINTS APPOINTMENT OF CONCILIATORS

   32.     The Commissioner may appoint a person, in writing, to be a conciliator for the purposes of this Act.  
   33.     Function of conciliators  
   34.     Representation at conciliation  
   35.     Reports by conciliators  
   36.     Enforceable agreements  
   37.     Unsuccessful conciliation  
   38.     Professional mentor  
   39.     Confidentiality and privilege  

   PART V--INVESTIGATIONS

   40.     (1) The Commissioner may investigate, by exercising the powers conferred by this Part—  
   41.     Investigation of complaints and issues arising out of complaints  
   42.     (1) Subject to this section, where the Commissioner has obtained any document or information under this Act, he or she may make use of that document or information for the purposes of this Part.  
   43.     Conduct of investigation  
   44.     Representation  
   45.     Power to obtain information and documents  
   46.     Power to examine witnesses  
   47.     Failure to provide information  
   48.     Determination of fees and expenses of witnesses  
   49.     Warrants  
   50.     Access to and return of seized records  
   51.     (1) The Commissioner—  
   52.     Notice of action to providers  

   PART VI--CODE OF HEALTH RIGHTS AND RESPONSIBILITIES

   53.     Approval  
   54.     Disallowance  
   55.     Contents  

   PART VII--RELATIONSHIP BETWEEN COMMISSIONER AND BOARDS

   56.     Interpretation  
   57.     Referral of complaints to Commissioner  
   58.     Complaints referred after assessment  
   59.     Action on investigation reports  
   60.     Proceedings of Boards  

   PART VIII--HEALTH RIGHTS ADVISORY COUNCIL

   61.     Establishment of Council  
   62.     Functions  
   63.     Membership  
   64.     Terms of appointment  
   65.     Remuneration and allowances  
   66.     Disclosure of interests  
   67.     Resignation  
   68.     Termination of appointment  
   69.     Convening meetings  
   70.     Procedure at meetings  
   71.     Dissenting opinions to be reported  

   PART IX--MISCELLANEOUS OFFENCES

   72.     A person shall not—  
   73.     Persons not to be penalised  
   74.     Protection from civil actions  
   75.     Indemnity against costs  
   76.     Delegation by Commissioner  
   77.     Annual report  
   78.     Commissioner's periodic reports to Boards  
   79.     Adverse comment in reports  
   80.     Secrecy  
   81.     Regulations  
           SCHEDULE