Victorian Current Acts Victorian Current Acts(1) In this Act—
"approved practice protocol" means a practice protocol approved by the Minister under section 125;
"Assistant Commissioner" means a person employed as an Assistant Health Complaints Commissioner under section 121;
"Australian Health Practitioner Regulation Agency" means the Australian Health Practitioner Regulation Agency established by section 23 of the National Law;
"authorised person" means a person authorised by the Commissioner under section 62;
"carer" has the same meaning as in the Carers Recognition Act 2012 ;
"code of conduct" means—
(a) the general code of conduct; and
(b) any other code of conduct in respect of a general health service that is prescribed by the regulations;
"Commissioner" means the Health Complaints Commissioner appointed under section 111;
"Commissioner initiated investigation" means an investigation under section 47;
"complaint" means a complaint made under section 5, 6 or 7;
"complaint data review" means a review conducted under section 105;
"complaint data review report" means a report prepared under section 107;
"complaint handling standards" means—
(a) standards made by the Governor in Council under section 133 or 136; or
(b) the interim standards referred to in section 131(1), for the period during which the interim standards apply under section 131(2);
"complaint investigation" means an investigation under section 45;
"complaint resolution process" means a process by which the Commissioner may seek an agreed resolution of a complaint under section 32(1);
"complainant" means a person who makes a complaint under section 5, 6 or 7;
"conciliation" means a complaint resolution process referred to in section 32(1)(b);
"Council" means the Health Complaints Commissioner Advisory Council established under section 140;
"Council President" means the President of the Council appointed under section 141(3);
"follow up investigation" means an investigation under section 53;
"follow up report" means a report prepared under section 56;
"follow up statement" means a statement published under section 82(1);
"general code of conduct" means—
(a) until a general code of conduct in respect of general health services is prescribed by the regulations, the general code of conduct for general health services set out in Schedule 2; or
(b) the general code of conduct in respect of general health services prescribed by the regulations;
"general health service" means a health service that is not a health profession service;
"general health service provider" means a person who provides a general health service;
"general health service warning statement" means a statement published under section 87(1) or (2);
"health profession" means a health profession within the meaning of the National Law;
"health profession service" means the practice of a health profession;
"health service" means the following services—
(a) an activity performed in relation to a person that is intended or claimed (expressly or otherwise) by the person or the provider of the service—
(i) to assess, predict, maintain or improve the person's physical, mental or psychological health or status; or
(ii) to diagnose the person's illness, injury or disability; or
(iii) to prevent or treat the person's illness, injury or disability or suspected illness, injury or disability;
(b) a health related disability, palliative care or aged care service;
(c) a surgical or related service;
(d) the prescribing or dispensing of a drug or medicinal preparation;
(e) the prescribing or dispensing of an aid or piece of equipment for therapeutic use;
(f) health education services;
(g) therapeutic counselling and psychotherapeutic services;
(h) support services necessary to implement any services referred to in paragraphs (a) to (g);
(i) services—
(i) that are ancillary to any other services to which this definition applies; and
(ii) that affect or may affect persons who are receiving other services to which this definition applies;
(j) any other prescribed services;
Example
Examples of services to which paragraph (i) applies are laundry services, cleaning services and catering services.
"health service principles" means the principles set out in section 4;
"health service provider" means a person who provides a health service;
"identification", in relation to an authorised person, means the document issued by the Commissioner under section 63(1) that identifies that person;
"inquiry" means an inquiry conducted under section 103;
"interim prohibition order" means an order made under section 90 ;
"investigation hearing" means a hearing of the Commissioner conducted under section 59(3);
"investigation hearing notice" means a notice served under section 61(1);
"investigation report" means a report prepared under section 50 ;
"member of the staff of the Commissioner" means—
(a) an Assistant Commissioner; or
(b) an employee referred to in section 121(1); or
(c) a person with whom the Commissioner has entered into an agreement or arrangement under section 121(3);
"National Board" has the same meaning as in the National Law;
"National Law" means the Health Practitioner Regulation National Law;
"party", in relation to a complaint, means—
(a) the complainant; or
(b) any health service provider about whom the complaint is made; or
(c) the person who received or sought the health service, if that person—
(i) is not the complainant; and
(ii) has not notified the Commissioner under section 22 that the person does not wish to be a party to the complaint;
"prohibition order" means an order made under section 95 ;
"public health warning statement" means a statement published under section 84(1);
"referral investigation" means an investigation under section 46 ;
S. 3(1) def. of relevant law amended by Nos 19/2019 s. 263, 39/2022 s. 828.
"relevant law" means any of the following—
(a) the Disability Act 2006 ;
(b) the Health Records Act 2001 ;
(c) the Privacy and Data Protection Act 2014 ;
(d) the Mental Health and Wellbeing Act 2022 ;
(e) the National Disability Insurance Scheme Act 2013 of the Commonwealth;
"relevant notice or information" means all or any of the following—
(a) a copy of a formal description of a complaint under section 17(1) or (2);
(b) a notice or information under section 13(3), 19(3), 20(3), 21(2), 28(1)(a), (c) or (d) or (2), 49(1) or (3);
"Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Health and Human Services.
(2) A reference in this Act to any process under this Act does not include proceedings for an offence against this Act.