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
            
   17A.    Identity cards
            
   18.     Delegation by Director

   PART 3 -- Complaints generally

           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

   PART 3A -- Settlement and conciliation of certain complaints

           Division 1 -- Negotiated settlement  

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

           Division 2 -- 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
            
   43.     Director’s duties after conciliator’s recommendation

   PART 3B -- Investigations generally  

   44.     Notice of investigation by Director
            
   44A.    Director may conduct Director-initiated investigation
            
   45.     Further power to investigate
            
   47.     Conciliator must not investigate
            
   48.     Purpose of investigation, and procedure

   PART 3C -- Remedial action  

   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

   PART 3D -- Interim prohibition orders, prohibition orders and interstate orders

           Division 1 -- Interim prohibition orders  

   52B.    Director may make interim prohibition order
            
   52C.    Notice of interim prohibition order
            
   52D.    When interim prohibition order takes effect
            
   52E.    Variation of interim prohibition order
            
   52F.    Revocation of interim prohibition order
            
   52G.    Offence for failure to comply with interim prohibition order

           Division 2 -- Prohibition orders  

   52H.    Director may make prohibition order
            
   52I.    Show cause process for prohibition orders
            
   52J.    Notice of prohibition order
            
   52K.    When prohibition order takes effect
            
   52L.    Variation of prohibition order
            
   52M.    Revocation of prohibition order
            
   52N.    Offence for failure to comply with prohibition order

           Division 3 -- Publication of information about orders  

   52O.    Publication of information about interim prohibition orders and prohibition orders

           Division 4 -- Review by State Administrative Tribunal  

   52P.    Review of decisions to make interim prohibition orders and prohibition orders

           Division 5 -- Interstate orders  

   52Q.    Offence for failure to comply with interstate order

   PART 3E -- Public health warning statements relating to health care workers  

   52R.    Public health warning statements
            
   52S.    Revoking public health warning statements
            
   52T.    Correcting public health warning statements
            
   52U.    Review of decision to publish public health warning statement

   PART 3F -- Miscellaneous provisions relating to complaints, investigations and reports to Parliament  

   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 and related powers
            
   61.     False statements
            
   62.     Failure to comply with notice or direction given under s.
            
   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
            
   68A.    Disclosure of information to other Commonwealth, State or Territory entities
            
   68B.    Disclosure to protect health or safety of users and other persons
            
   69.     Protection of Director etc. from personal liability
            
   70.     Protection of other persons
            
   71.     Confidentiality
            
   71A.    Criminal record checks
            
   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
            
   77A.     Codes of conduct
            
   78.     Transitional provision
            
   79.     Review of Act
            
   79A.    Review of amendments made by Health and Disability Services (Complaints) Amendment Act 2022
            
   80.     Transitional provisions
           SCHEDULE 2 -- Tenure, salary, conditions of service, etc., of Director