New South Wales Consolidated Acts

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HEALTH CARE COMPLAINTS ACT 1993 - SECT 4

Definitions

4 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, 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.
"Director-General" means the Director-General of the Department of Health.
"disciplinary action" includes the making of an order or the issue of a statement under section 41A.
"disciplinary body" means a person or body (including a professional standards committee) established under a health registration Act that has the power to discipline a health practitioner or to suspend or cancel (by whatever means) the registration of a health practitioner.
"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 a health registration Act).
"health registration Act" means any of the following Acts:
Chiropractors Act 2001
Dental Technicians Registration Act 1975
Dental Practice Act 2001
Medical Practice Act 1992
Nurses and Midwives Act 1991
Optical Dispensers Act 1963
Optometrists Act 2002
Osteopaths Act 2001
Pharmacy Practice Act 2006
Physiotherapists Act 2001
Podiatrists Act 2003
Psychologists Act 2001 .
"health service" includes the following services, whether provided as public or private services:
(a) medical, hospital and nursing 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 by podiatrists, chiropractors, osteopaths, optometrists, physiotherapists, psychologists and optical dispensers,
(j) services provided by dietitians, masseurs, naturopaths, acupuncturists, occupational therapists, speech therapists, audiologists, audiometrists and radiographers,
(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).
"Joint Committee" means the Committee on the Health Care Complaints Commission appointed as referred to in section 64.
"officer of the Commission" means any person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Commission to exercise its functions.
"parties to a complaint" means the complainant and the person against whom the complaint is made.
"registered" includes enrolled.
"Registrar" means the Registrar of the Health Conciliation Registry.
"registration authority" means the person who has the function, under a health registration Act, of determining an application for registration under the Act.


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