HEALTH CARE COMPLAINTS ACT 1993 - As at 19 March 2024 - Act 105 of 1993
HEALTH CARE COMPLAINTS ACT 1993
- As at 19 March 2024
- 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 Can a complaint be withdrawn?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. Consent or search warrant required for residential premises
33. Powers of entry, search and seizure
34. Search warrant
34A. Power of Commission to obtain information, records and evidence
35-37. (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 7A - Action against relevant health organisations
45A. Definition
45B. Interim prohibition orders
45C. Prohibition orders and public statements
45D. Commission to provide details of decision to make prohibition order
45E. Administrative review by Civil and Administrative Tribunal
45F. Register of orders
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 3A - ASSESSMENT OF COMPLIANCE WITH RELEVANT MATTER
63A. Definition
63B. Compliance with relevant matter
63C. Authorisation of persons to assess compliance
63D. Consent or search warrant required for residential premises
63E. Powers of entry, search and seizure
63F. Search warrant
63G. Power of Commission to obtain information, records and evidence
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, health services or health service providers
94B. Publication of information about decisions and de-registered practitioners
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
97A. Offence--obstructing an authorised person or providing false information
97B. Offence--impersonating an authorised person
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)
