HUMAN RIGHTS COMMISSION ACT 2005 - SECT 39 When may someone complain about a health service?

HUMAN RIGHTS COMMISSION ACT 2005 - SECT 39

    (1)     A person may complain to the commission about a health service if—

        (a)     the service is not being provided appropriately; or

        (b)     the person believes that the provider of the service has acted inconsistently with any of the following:

              (i)     the health code;

              (ii)     if there is no health code—the health provision principles;

              (iii)     the health care worker code of conduct prescribed under section 94C ;

              (iv)     a generally accepted standard of health service delivery expected of providers of the same kind as the provider;

              (v)     any standard of practice applying to the provider under the Health Practitioner Regulation National Law (ACT)

or the Veterinary Practice Act 2018

;

              (vi)     the National Standards for Mental Health Services endorsed by the Australian Health Ministers Advisory Council's National Mental Health Working Group, as amended from time to time;

              (vii)     any other standard prescribed by regulation; or

        (c)     the service is not being provided.

    (2)     In this section:

"health provision principles"—see section 90 (2).

Note     If the health services commissioner receives a complaint about a health practitioner, the commissioner must tell the national board for the practitioner's health profession about the complaint. The national board and commissioner must try to reach agreement about how the complaint is to be dealt with (see Health Practitioner Regulation National Law (ACT), s 150).