Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995 - SECT 4

4 .         Guiding principles for the provision of health services

        (1)         For the guidance of providers it is declared that health services should be provided so as to promote —

            (a)         quality health care, given as promptly as circumstances permit; and

            (b)         respect for the privacy and dignity of persons receiving health care; and

            (c)         the provision of adequate information on services provided or treatment available and the effects and costs of treatment, in terms that are understandable; and

            (d)         participation in decision-making affecting individual health care; and

            (e)         informed choice in the acceptance or refusal of treatment or participation in education or research programmes; and

            (f)         reasonable access to information in records relating to personal use of the health care system, except information that is expressly prohibited by law from being disclosed or information contained in personal notes by a person giving health care; and

            (g)         the protection of personal health records and personal information from disclosure except for proper purposes.

        (2)         In deciding for the purposes of section 48(1) whether unreasonable conduct, or other conduct, has occurred, and in making decisions under sections 26 and 34, the Director is to have regard to —

            (a)         the guiding principles set out in subsection (1); and

            (b)         whether there has been a failure by a provider to comply with any professional standards commonly accepted by members of the provider’s profession.

        (3)         If it appears to the Director that a standard referred to in subsection (2)(b) is in conflict or inconsistent with a provision of the guiding principles the Director is to have regard to the standard to the exclusion of that provision.

        (4)         This section does not create any duty that may found an action for breach of statutory duty.

        [Section 4 amended: No. 35 of 2022 s. 5.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback