Western Australian Current Acts

HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3A.     Act to be read with other legislation about health and disability complaints
            
   3.      Terms used
            
   4.      Guiding principles for the provision of health services
            
   5.      Crown bound

   PART 2 -- Administrative arrangements  

   6.      Health and Disability Services Complaints Office
            
   7.      Director of Office
            
   8.      Tenure, salary etc. of Director
            
   9.      Judicial notice of Director’s appointment and signature
            
   10.     Director’s functions
            
   11.     Minister may give Director directions
            
   12.     Minister to have access to information
            
   13.     Financial provisions
            
   14.     Staff
            
   15.     Consultants
            
   16.     Use of other government staff etc.
            
   17.     Oath of office by Director and staff
            
   18.     Delegation by Director

   PART 3 -- Complaints

           Division 1 -- Right to complain conferred  

   19.     Who may complain
            
   20.     Representatives of users
            
   21.     Representative not to be paid
            
   22.     Provider may complain for user
            
   23.     Complaints to public providers, referral under administrative instructions
            
   24.     Time limit for complaints
            
   25.     What complaints can be about
            
   26.     Complaints that must be rejected

           Division 2 -- Initial procedures  

   27.     How to complain
            
   28.     Referral of complaint where Act inapplicable
            
   29.     Withdrawal of complaint
            
   30.     User or carer must try to resolve matter
            
   31.     Complaints not dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)
            
   32A.    Notice that complaint being dealt with by National Board
            
   32.     Referral to other bodies
            
   33.     Director’s duties if complaint referred under s.
            
   34.      Preliminary assessment by Director
            
   35.     Notice to provider and others
            
   36A.    Response by provider
            
   36BA.   Protection of provider’s statements

           Division 3A -- Negotiated settlement  

   36B.    Resolving complaints by negotiation
            
   36C.    Protection of statements made

           Division 3 -- Conciliation  

   36.     Assignment of conciliator
            
   37.     Notice of referral for conciliation
            
   38.     Role of conciliator
            
   39.     Representation in conciliation process
            
   40.     Reports by conciliator
            
   41.     Parties may resolve complaint
            
   42.     Protection of statements made

           Division 4 -- Subsequent action  

   43.     Director’s duties after conciliator’s recommendation
            
   44.     Notice of investigation by Director
            
   45.     Further power to investigate
            
   47.     Conciliator must not investigate
            
   48.     Purpose of investigation, and procedure
            
   50.     Remedial action where complaint justified
            
   51.     Provider must report on remedial action
            
   52A.    Report to Parliament if report not made under s. 51 or remedial action not taken

           Division 5 -- General  

   52.     Director to stop proceedings in some cases
            
   56.     Reports to, and at request of, Parliament
            
   57.     Action if a House not sitting
            
   58.     Saving

   PART 4 -- Director’s powers to obtain information and entry to premises  

   59.     Restriction on powers
            
   60.     Power to summons etc.
            
   61.     False statements
            
   62.     Failure to attend, take oath etc.
            
   63.     Application for warrant to enter premises etc.
            
   64.     Issue of warrant
            
   65.     Execution of warrant
            
   66.     Offences relating to warrants
            
   67.     Information etc. that may be withheld

   PART 5 -- General  

   68.     Register of complaints
            
   69.     Protection of Director etc. from personal liability
            
   70.     Protection of other persons
            
   71.     Confidentiality
            
   72.     False statements
            
   73.     Person not to be threatened etc. because of complaining to Director
            
   74.     Application of Parliamentary Commissioner Act 1971
            
   75.     Prescribed provider must give certain information
            
   76.     Prosecutions
            
   77.     Regulations
            
   78.      Transitional provision
            
   79.     Review of Act
            
   80.     Transitional provisions
           SCHEDULE 2 -- Tenure, salary, conditions of service, etc., of Director  
           Compilation table