HEALTH CARE COMPLAINTS ACT 1993 - SECT 4 Definitions
HEALTH CARE COMPLAINTS ACT 1993 - SECT 4
Definitions4 Definitions
In this Act--
"associated complaint" means a complaint made or referred to the Commission in
respect of a health practitioner who is, or a health organisation that is, the
subject of another complaint being assessed or investigated by the Commission
or being prosecuted by the Commission before a disciplinary body, and
includes--
(a) a complaint made at any time prior to the completion of the assessment, investigation or prosecution of that other complaint, and
(b) a complaint that has been discontinued or terminated.
"authorised person" means an officer of the Commission who is authorised as referred to in section 31 or 63C, and includes the Commissioner.
"client" means a person who uses or receives a health service, and includes a patient.
"Commission" means the Health Care Complaints Commission constituted by section 75.
"complainant" means--
(a) the person making a complaint, except as provided by paragraph (b), or
(b) the client on whose behalf a complaint is made if the complaint is made by a person chosen by the client as his or her representative for the purpose of making the complaint.
"complaint" means a complaint made under this Act or a complaint made under another Act that is able to be dealt with by the Commission under this Act.
"conciliator" means a person appointed to be a conciliator under section 89.
"Director of Proceedings" means the Director of Proceedings appointed under Part 6A.
"disciplinary action" includes--
(a) the making of a prohibition order in relation to a health practitioner or a relevant health organisation, and
(b) the issue of a statement under section 41A in relation to a health practitioner or under section 45C in relation to a relevant health organisation.
"disciplinary body" means the following bodies under the Health Practitioner Regulation National Law (NSW) --
(a) a responsible tribunal,
(b) a Professional Standards Committee.
"exercise" of a function includes the performance of a duty.
"function" includes a power, authority or duty.
"Health Conciliation Registry" means the Health Conciliation Registry established by section 85.
"health organisation" means a body that provides a health service (not being a health practitioner).
"health practitioner" means a natural person who provides a health service (whether or not the person is registered under the Health Practitioner Regulation National Law).
"Health Practitioner Regulation National Law" means--
(a) the Health Practitioner Regulation National Law--(i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and(ii) as it applies (including with any modifications) as a law of New South Wales or another State or Territory, or
(b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a).
"Health Secretary" means the Secretary of the Ministry of Health.
"health service" includes the following services, whether provided as public or private services--
(a) medical, hospital, nursing and midwifery services,
(b) dental services,
(c) mental health services,
(d) pharmaceutical services,
(e) ambulance services,
(f) community health services,
(g) health education services,
(h) welfare services necessary to implement any services referred to in paragraphs (a)-(g),
(i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices,
(j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services,
(j1) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services,
(k) services provided in other alternative health care fields,
(k1) forensic pathology services,
(l) a service prescribed by the regulations as a health service for the purposes of this Act.
"health service provider" means a person who provides a health service (being a health practitioner or a health organisation).
"interim prohibition order" means an interim prohibition order made under section 41AA or 45B.
"Joint Committee" means the Committee on the Health Care Complaints Commission appointed as referred to in section 64.
"parties to a complaint" means the complainant and the person against whom the complaint is made.
"professional council" means, in relation to a health practitioner in a health profession for which a Council is established under section 41B of the Health Practitioner Regulation National Law (NSW) , the Council for that health profession.
"prohibition order" means a prohibition order made under section 41A or 45C.
"registered" includes enrolled.
"registered health practitioner" has the same meaning as in the Health Practitioner Regulation National Law (NSW) .
"Registrar" means the Registrar of the Health Conciliation Registry.
"registration authority" means, in relation to a health practitioner in a health profession for which a National Board (within the meaning of the Health Practitioner Regulation National Law (NSW) ) is provided--that National Board.
"relevant health organisation" means a person that is a health organisation other than the following--
(a) a public health organisation within the meaning of the Health Services Act 1997 ,
(b) a public hospital within the meaning of the Health Services Act 1997 ,
(c) a private health facility licensed under the Private Health Facilities Act 2007 ,
(d) an organisation or class of organisation prescribed by the regulations for the purposes of this definition.
Note : The Interpretation Act 1987 defines person to include an individual, a corporation and a body corporate or politic.
"student" has the same meaning as in the Health Practitioner Regulation National Law (NSW) .
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.