New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 25

25 Notification of certain complaints to Health Secretary

(1) Following the assessment, the Commission must notify the Health Secretary of the details of the complaint if it appears to the Commission that the complaint involves a possible breach of any of the following Acts, or specified provisions of Acts, or any regulations made under them--

• Anatomy Act 1977

• Assisted Reproductive Technology Act 2007

• Health Administration Act 1982

• Health Records and Information Privacy Act 2002 , section 68, 69 or 70

• Health Services Act 1997

• Human Tissue Act 1983

• Mental Health Act 2007

• Poisons and Therapeutic Goods Act 1966

• Private Health Facilities Act 2007

• Public Health Act 2010

(2) The Commission is not required to notify the Health Secretary of the details of the complaint if the complaint was made by the Health Secretary.

(3) The Health Secretary must notify the Commission whether the Health Secretary proposes to deal with the complaint and, if the Health Secretary does so, of the outcome of the Health Secretary's dealing with the complaint.

(4) This section does not prevent the Commission from dealing with a complaint (or any part of a complaint) in so far as it concerns--

(a) the professional conduct of a health practitioner, or

(b) a health service which affects, or is likely to affect, the clinical management or care of an individual client.

Note--: The Health Secretary, under the Minister, is primarily responsible for the enforcement of the Acts listed in section 25 (other than Division 3 of Part 7 of the Public Health Act 2010 ). Accordingly, complaints arising under those Acts are to be referred to the Department of Health for possible action. Accountability will be maintained through obligations imposed on the Health Secretary to notify the Commission of the outcome.
However, the section ensures that the Commission may continue to pursue questions that are not dealt with by the Health Secretary as well as questions that concern the professional conduct of health practitioners and the clinical management or care of individual clients.