Australian Capital Territory Consolidated Acts

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HUMAN RIGHTS COMMISSION ACT 2005 - SECT 39

When may someone complain about a health service?

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

              (iv)     any standard of practice applying to the provider under the Health Professionals Act 2004 ;

              (v)     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;

              (vi)     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).



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