This legislation has been repealed.
TABLE OF PROVISIONS Long Title PART 1--PRELIMINARY 1. Short title 3. Objects 4. Interpretation for Act 5. Reasonableness of providers' actions PART 2--HEALTH COMPLAINTS UNIT Division 2.1--Establishment and control 6. Establishment 7. Control Division 2.2--Appointment and functions of commissioner 7A. Alteration of title 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 Division 2.3--Terms of appointment of commissioner 17. Tenure of office 19. Resignation 20. Termination or suspension of appointment PART 3--COMPLAINTS Division 3.1--Making complaints 21. Who may complain 22. Grounds for complaint 22A. HPA reports Division 3.2--Assessment of complaints 23. Assessment 24. Inquiries 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 31A. HPA report complaints PART 4--CONCILIATION OF COMPLAINTS 32. Appointment of conciliators 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 4A--REQUESTS TO REVIEW UNDER HEALTH RECORDS ACT 39A. Application of pt 4A 39B. Formal requirements 39C. Procedure on receipt of request to review 39D. Withdrawal of request to review 39E. Decision in relation to request to review 39F. Magistrates Court may review decision 39G. Appeals PART 5--INVESTIGATIONS Division 5.1--Commencement 40. Matters that may be investigated 41. Investigation of complaints and issues arising out of complaints 41A. Requests to review—application of pt 5 Division 5.2--Conduct 42. Use of material already at hand 43. Conduct of investigation 44. Representation 45. U Power to obtain information and documents [See Endnotes] 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 Division 5.3--Completion 51. Reports 52. Notice of action to providers PART 6--CODE OF HEALTH RIGHTS AND RESPONSIBILITIES 53. Approval 55. Contents PART 7--RELATIONSHIP BETWEEN COMMISSIONER AND BOARDS 56. Interpretation for pt 7 57. Referral of complaints to commissioner 58. Complaints referred after assessment 59. Action on investigation reports PART 8--COMMUNITY AND HEALTH RIGHTS ADVISORY COUNCIL 61. Establishment of council 62. Functions 63. Membership 64. Terms of appointment 66. Disclosure of interests 67. Resignation 68. Termination of appointment 69. Convening meetings 70. Procedure at meetings 71. Dissenting opinions to be reported PART 9--MISCELLANEOUS 71A. Notices about unit 73. Persons not to be penalised 74. Protection from civil actions 75. Indemnity against costs 76. Delegation by commissioner 77. Commissioner's annual report 78. Commissioner's periodic reports to boards 79. Adverse comment in reports 80. Secrecy 81. Regulation-making power PART 10--MODIFICATIONS OF ACT 83. Application of pt 10 84. Section 4 (1), new definition of old board 85. Section 4 (1), definition of board 86. Section 4 (1), definitions of registered provider and relevant 87. Expiry of pt 10 SCHEDULE 1 ENDNOTES