New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 80

80 Functions of Commission

(1) The Commission has the following functions--

(a) to receive and deal under this Act with the following complaints--

• complaints relating to the professional conduct of health practitioners

• complaints relating to a relevant health organisation, including an alleged breach by a relevant health organisation of a code of conduct prescribed by the regulations made under section 100(1)(c) of the Public Health Act 2010

• complaints concerning a health service that affects, or is likely to affect, the clinical management or care of individual clients

• complaints referred to it by a professional council under the Health Practitioner Regulation National Law (NSW) ,

(b) to assess those complaints and, in appropriate cases, to investigate them, refer them for conciliation or deal with them under Division 9 of Part 2,

(c) to make complaints concerning the professional conduct of health practitioners and to prosecute those complaints before the appropriate bodies, including professional councils, professional standards committees and tribunals,

(d) to report on any action the Commission considers ought to be taken following the investigation of a complaint if the complaint is found to be justified in whole or part,

(e) to monitor, identify and advise the Minister on trends in complaints,

(f) to publish and distribute information concerning the means available for the making of complaints and the way in which complaints may be made and dealt with,

(g) to provide information to health service providers and professional and educational bodies concerning complaints, including trends in complaints,

(h) to consult with groups with an interest in the provision of health services, including professional associations, health service provider groups, relevant community organisations and private and institutional health care providers, on the complaints process and the dissemination of information concerning the complaints process,

(i) to develop, after such consultation with clients, health service providers and persons who, in the Commission's opinion, have an appropriate interest, a code of practice to provide guidance on the way in which the Commission intends to carry out some or all of its functions.

(2) The Commission also has such other functions as are conferred or imposed on it by or under this or any other Act.

(3) A code of practice developed by the Commission under subsection (1) (i) has no effect unless it is incorporated in, or adopted by, the regulations.

(4) The Commission may exercise its functions even though--

(a) the Commission has not developed a code of practice in relation to those functions, or

(b) a code of practice has been developed but has not been incorporated in, or adopted by, the regulations.

(5) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commission to exercise its functions.

Note--: Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the Constitution Act 1902 precludes the Commission from employing staff.