New South Wales Consolidated Acts

HEALTH CARE COMPLAINTS ACT 1993 - SECT 25

25 Notification of certain complaints to the Director-General

(1) Following the assessment, the Commission must notify the Director-General of the details of the complaint if it appears to the Commission that the complaint involves a possible breach of any of the following Acts, or specified provisions of Acts, or any regulations made under them:

• Anatomy Act 1977

• Health Administration Act 1982

• Health Records and Information Privacy Act 2002 , section 68, 69 or 70

• Health Services Act 1997

• Human Tissue Act 1983

• Mental Health Act 1990

• Nursing Homes Act 1988

• Poisons and Therapeutic Goods Act 1966

• Private Hospitals and Day Procedure Centres Act 1988

• Public Health Act 1991 (other than Division 3 of Part 2A and any regulations made under that Division)

(2) The Commission is not required to notify the Director-General of the details of the complaint if the complaint was made by the Director-General.

(3) The Director-General must notify the Commission whether the Director-General proposes to deal with the complaint and, if the Director-General does so, of the outcome of the Director-General’s dealing with the complaint.

(4) This section does not prevent the Commission from dealing with a complaint (or any part of a complaint) in so far as it concerns:

(a) the professional conduct of a health practitioner, or

(b) a health service which affects the clinical management or care of an individual client.

Note: The Director-General, under the Minister, is primarily responsible for the enforcement of the Acts listed in section 25 (other than Division 3 of Part 2A of the Public Health Act 1991 ). Accordingly, complaints arising under those Acts are to be referred to the Department of Health for possible action. Accountability will be maintained through obligations imposed on the Director-General to notify the Commission of the outcome.
However, the section ensures that the Commission may continue to pursue questions that are not dealt with by the Director-General as well as questions that concern the professional conduct of health practitioners and the clinical management or care of individual clients.