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CLAUSE NOTES
Health Complaints (Code of Conduct) Amendment Bill 2018
Clause 1 Short Title
Clause 2 Commencement
Provides for the Act to commence on proclamation.
Clause 3 Principal Act
Cites the Health Complaints Act 1995 as the Principal Act
Clause 4 Section 3 amended (Interpretation)
Inserts definitions for “code of conduct”, “health care worker”,
“interim prohibition order”, “prohibition order”, “public warning
statement”, “registered health practitioner” and “relevant law”.
Consequential amendments have been made to the definition of
“health care provider” to incorporate the new terms of “health
care worker” and “registered health practitioner” within that
definition.
Clause 5 Section 6 amended (Functions of Commissioner)
Amends the functions of the Commissioner to provide for
information, education and advice in relation to a code of conduct,
to conduct own motion investigations and undertake monitoring of
compliance with and the effectiveness of prohibition orders and
interim prohibition orders.
Clause 6 Section 22A inserted
Provides that any person may make a complaint in relation to a
health care worker in respect of a breach of the Code.
Clause 7 Section 25 amended (Assessment)
Provides that a complaint regarding a health care worker is
dismissed if it is made more than 2 years after the circumstances
that gave rise to the complaint.
Clause 8 Section 29 amended (Splitting of complaints)
Provides that complaints may also be split in the interests of the
complainant.
Clause 9 Section 40 amended (Matters that may be investigated)
Provides for own motion investigations by the Commissioner of
possible breaches of a code of conduct by a health care worker.
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Clause 10 Section 41 amended (Continuation of investigation after
resolution)
Provides for a consequential change to Section 41 due to the
change to section 40 so that the Commissioner can continue an
own motion investigation where a complaint that gave rise to the
investigation has been resolved.
Clause 11 Part 6 Division 5 inserted
Inserts a new Division of the Act which establishes the power to
make codes of conduct and outlines the actions that can be taken
in relation to a breach of the code of conduct or a prescribed
offence. The actions which may be taken include the issue of an
interim prohibition order, the issue of a prohibition order and the
publication of a public warning statement. Offences are
established for the breaching of an interim prohibition order or a
prohibition order. The division also provides for an offence for
breaching of prohibition orders made in other jurisdictions. The
division also provides appeal rights in relation to the issue of an
interim prohibition order, the issue of a prohibition order and the
intent to publish a public warning statement. There is also
provision to exclude persons or classes of persons from the
workings of this Division where required (for example where
other legislation covers these persons such as National Disability
Insurance Scheme proposed quality and safety framework). The
Division is excluded from applying to matters that are the
responsibility of registration boards.
Clause 12 Section 60 amended (Information from registration board)
Amends section 60 of the Principal Act to permit the
Commissioner to receive information from relevant professional
bodies or associations.
Clause 13 Sections 62C and 62D inserted
Provides for the sharing of information or copies of orders or
statements with other bodies or jurisdictions. This will include the
Australian Health Practitioner Regulation Agency, any relevant
national board, any other body charged by law for dealing with
complaints, including bodies in other jurisdictions dealing with
health complaints and any relevant professional body or
association.
Clause 14 Repeal of Act
Provides for the automatic repeal of the Amendment Act after
one year.
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