New South Wales Consolidated Acts

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HEALTH CARE COMPLAINTS ACT 1993

- As at 8 January 2016
- Act 105 of 1993

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object and principle of administration of Act
   3A.     Outline of role and principles of Commission and related government agencies in health care system
   4.      Definitions
   5.      Act binds the Crown
   6.      Notes in the text

   PART 2 - COMPLAINTS

           Division 1 - The right to complain

   7.      What can a complaint be made about?
   8.      Who may make a complaint?
   9.      How is a complaint made?

           Division 2 - Liaising with registration authorities and professional councils

   10.     Notifying professional councils of complaints
   11.     Complaints made to professional councils
   12.     Consultation between the Commission, a professional council and the Registrar
   13.     The outcomes of consultation
   14.     Suspension of action by professional council
   15.     Provision of information to professional councils

           Division 3 - Notification and withdrawal of complaints

   16.     Person against whom complaint made to be notified of complaint
   16A.    Employer to be notified of complaint against employee
   17.     Health Secretary to be notified of complaint made against a health organisation
   18.     Can a complaint be withdrawn?

           Division 4 - Assessment of complaints

   19.     Initial assessment of complaints
   20.     The purpose of assessment
   20A.    Duty of Commission to review assessment of complaint
   21.     Commission may require further information
   21A.    Power of Commission to obtain information, records and evidence
   22.     Time for completion of assessment
   22A.    Associated complaints to be taken into account
   23.     Investigation of complaint
   24.     Referral of complaints for conciliation or complaint resolution
   25.     Notification of certain complaints to Health Secretary
   25A.    Reference of complaints to be dealt with under inquiry powers of Health Secretary
   25B.    Reference of complaints to be dealt with by professional councils
   26.     Reference of complaint to another person or body for investigation or other action
   27.     Circumstances in which Commission may discontinue dealing with complaint
   28.     Notice of action taken or decision made following assessment
   28A.    Notification of other persons following assessment

           Division 5 - Investigation of complaints
           Note

   29.     The purpose of investigation
   29A.    Conduct of investigations
   30.     Expert assistance
   31.     Authorisation of persons to carry out investigations
   32.     Functions to be exercised only with consent or under search warrant
   33.     Powers of entry, search and seizure
   34.     Search warrant
   34A.    Power of Commission to obtain information, records and evidence
   35.     Offence: obstructing an authorised person, Commission etc
   36.     Offence: impersonating an authorised person
   37.     (Repealed)
   37A.    Protection from incrimination
   38.     Notification of findings of investigation to appropriate professional council

           Division 6 - Outcomes of investigations into health practitioners

   39.     What action is taken after an investigation?
   40.     Opportunity for persons investigated to make submissions
   41.     Notification of results of investigations and review of decisions

           Division 6A - Action against non-registered health practitioners

   41AA.   Interim prohibition orders
   41A.    Prohibition orders and public statements
   41B.    Commission to provide details of its decision to make prohibition order
   41C.    Administrative review by Civil and Administrative Tribunal
   41D.    Commission to provide registration authorities and professional councils with details of interim prohibition orders and prohibition orders
   41E.    Register of orders

           Division 7 - Outcomes of investigations into health organisations

   42.     What action is taken at the end of an investigation?
   43.     Opportunity for health organisation investigated to make submissions
   44.     Implementation of report
   45.     Notification of results of investigation

           Division 8 - Conciliation

   46.     Appointment of conciliators
   47.     Notification of arrangements for conciliation
   48.     Conciliation to be voluntary
   49.     Role of conciliator
   50.     Assistance to parties at conciliation
   51.     Confidentiality of the conciliation process
   52.     Conclusion of the conciliation process
   53.     Preparation and distribution of report on conclusion of conciliation process
   54.     Furnishing of other information to Registrar concerning conciliation process
   55.     Six-monthly reports to professional councils
   56.     Complaint may be referred for investigation
   57.     Health Conciliation Registry and conciliators to be independent in dealing with complaints
   58.     Offence for conciliator or staff of Health Conciliation Registry to disclose information obtained in conciliation
   58A.    Offence of concealing a serious offence

           Division 9 - Complaints resolution

   58B.    Objects of Commission under this Division
   58C.    Function of Commission under this Division
   58D.    Participation in complaints resolution process to be voluntary

   PART 3 - OTHER INVESTIGATIONS BY THE COMMISSION

   59.     Investigation of health services
   60.     Health Secretary to be notified of proposed investigation
   61.     Application of investigative powers for the purposes of this Part
   62.     Report to Health Secretary and Minister following investigation
   63.     Special report to Parliament

   PART 4 - PARLIAMENTARY JOINT COMMITTEE

   64.     Constitution of Joint Committee
   65.     Functions
   66.     Power to veto proposed appointment of Commissioner
   67.     Membership
   68.     Vacancies
   69.     Chair and Deputy Chair
   70.     Procedure
   70A.    Reporting when Parliament not in session
   71.     Evidence
   72.     Confidentiality
   73.     Application of certain Acts
   74.     Validity of certain acts or proceedings

   PART 5 - HEALTH CARE COMPLAINTS COMMISSION

   75.     The Commission
   76.     Appointment of Commissioner
   77.     (Repealed)
   78.     Veto of proposed appointment as Commissioner
   79.     Acting Commissioner
   80.     Functions of Commission
   81.     Ministerial control
   82.     (Repealed)
   83.     Financial year
   84.     Delegation of functions

   PART 6 - HEALTH CONCILIATION REGISTRY

   85.     Health Conciliation Registry
   86.     Functions of Health Conciliation Registry
   87.     Registrar of Health Conciliation Registry
   88.     Staff of Health Conciliation Registry
   89.     Conciliators
   90.     Functions of conciliators

   PART 6A - DIRECTOR OF PROCEEDINGS

   90A.    Director of Proceedings
   90B.    Functions of Director of Proceedings
   90C.    Criteria relevant to determinations of Director of Proceedings
   90CA.   Notice of determination
   90D.    Independence of Director of Proceedings
   90E.    Delegation of functions

   PART 7 - MISCELLANEOUS

   91.     Recommendations to have regard to available resources
   92.     General standards of clinical practice
   92A.    Expedition of certain matters
   93.     Inconsistency between this Act and the Health Practitioner Regulation National Law (NSW)
   94.     Consultation between Commission and Health Secretary
   94A.    Warnings about unsafe treatments or services
   94B.    Tribunal decisions and names of de-registered practitioners to be publicly available
   94C.    Protection from liability for certain publications
   95.     Annual report
   96.     Exoneration from liability
   97.     Pending legal proceedings do not prevent exercise of certain functions
   98.     Offence: intimidation or bribery of complainants
   99.     Offence: furnishing false or misleading information to the Commission
   99A.    Offence: improper disclosure of information
   99B.    Disclosure of information to certain persons or bodies
   100.    Proceedings for offences
   101.    Regulations
   102.    (Repealed)
   103.    Savings, transitional and other provisions
   103A.   Application of Ombudsman Act 1974
   104.    Review of Act
   105.    (Repealed)
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4
           Schedule 5 (Repealed)


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