HEALTH CARE COMPLAINTS ACT 1993 - SCHEDULE 4

HEALTH CARE COMPLAINTS ACT 1993 - SCHEDULE 4

SCHEDULE 4 – Savings, transitional and other provisions

(Section 103)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--

this Act

Health Legislation Amendment (Complaints) Act 2004

Health Registration Legislation Amendment Act 2004

Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 (but only to the extent that it amends this Act)

Medical Practice Amendment Act 2008 (but only to the extent that it amends this Act)

Health Legislation Amendment Act 2009 (but only to the extent that it amends this Act)

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

(4) The provisions of this Schedule are subject to any regulations made under this clause.

Part 2 - Provisions consequent on the enactment of this Act

2 Complaints made before the commencement of this Act

A complaint made to the Complaints Unit of the Department of Health or a registration authority before the commencement of Part 2 may continue to be dealt with and disposed of as if this Act had not been enacted, except as provided by clause 3.

3 Power to discontinue dealing with complaints

The Director of the Complaints Unit of the Department of Health has the same functions in relation to a complaint referred to in clause 2 (or any part of such a complaint) as the Commission has under section 27.

4 Complaints concerning past conduct

This Act extends to enable a complaint to be made under this Act in respect of an act or omission that occurred before the commencement of Part 2 but only if the complaint could have been made under a law in force before that commencement.

Part 3 - Provisions consequent on enactment of Health Legislation Amendment (Complaints) Act 2004

5 Definition

In this Part--


"amending Act" means the Health Legislation Amendment (Complaints) Act 2004 .

6 Commission and Commissioner

The person holding the office of Commissioner, or acting in that office, immediately before the substitution of section 76 by the amending Act is taken to have been appointed to hold or act in that office under section 76 as so substituted on the same terms and conditions as applied to that person's appointment before that substitution.

7 Health Conciliation Registry

(1) The Health Conciliation Registry established under Part 6 (as in force immediately before its substitution by the amending Act) is abolished.

(2) A person who was a member of staff of the Health Conciliation Registry immediately before its abolition is transferred to the staff of the Commission.

(3) Any such transfer is taken to have been done under section 87 of the Public Sector Employment and Management Act 2002 .

8 Conciliators and conciliation

(1) A person appointed as a conciliator under section 89 before its substitution by the amending Act and whose appointment is in force immediately before that substitution is taken to have been appointed as a conciliator under section 89 (as inserted by the amending Act).

(2) Any complaint that was referred to the Health Conciliation Registry before the substitution of Division 8 of Part 2 by the amending Act, and the conciliation of which under that Division was not finalised before the substitution--

(a) is taken to have been referred to the Health Conciliation Registry in accordance with that Division as substituted, and

(b) is to continue to be dealt with in accordance with that Division as substituted.

9 Application of amendments

(1) An amendment made by Schedule 1 [7[#93] or [24[#93] to the amending Act applies only to complaints made on or after the commencement of the amendment.

(2) Despite subclause (1), an amendment made by Schedule 1 [7[#93] or [24[#93] to the amending Act applies to a complaint made before the commencement of the amendment to the extent (if any) that section 20A (3) applies to the complaint.

(3) An amendment made by Schedule 1 [6[#93], [10[#93]-[14[#93], [17[#93]-[23[#93], [27[#93], [29[#93], [32[#93], [37[#93] or Schedule 3 to the amending Act applies to a complaint whether made before, on or after the commencement of the amendment.

(4) Despite subclause (3)--

(a) an amendment made by Schedule 1 [6[#93] or [12[#93] to the amending Act does not apply to a complaint that was assessed by the Commission under section 13 before the commencement of the amendment, and

(b) the amendment made by Schedule 1 [22[#93] to the amending Act does not apply to a referral of a complaint under section 26 that took place before the commencement of the amendment, and

(c) the amendment made by Schedule 1 [37[#93] to the amending Act does not affect any proceedings commenced before the commencement of the amendment, and

(d) an amendment made by Schedule 3 [2[#93] or [5[#93] to the amending Act does not apply to a complaint in respect of which the Commission has made a determination under section 39 before the commencement of the amendment.

(5) Despite any other provision of this clause, the power conferred by section 90B (1) (a1) on the Director of Proceedings to prosecute a complaint extends to enable the Director to continue the prosecution of a complaint that had commenced before the commencement of that paragraph.

Part 4 - Provisions consequent on enactment of Health Registration Legislation Amendment Act 2004

10 Definition

In this Part--


"amending Act" means the Health Registration Legislation Amendment Act 2004 .

11 Pending proceedings

(1) An amendment made to a health registration Act by the amending Act does not apply to a complaint that was referred to a Committee or Tribunal under the health registration Act before the commencement of the amendment.

(2) An amendment made to a health registration Act by the amending Act does not apply to a complaint if an inquiry into the complaint under the health registration Act had commenced before the commencement of the amendment.

12 Amendments relating to constitution of Tribunal and committees

(1) The amendment made to section 147 of the Medical Practice Act 1992 by the amending Act does not affect the Tribunal as constituted before the commencement of the amendment to deal with a complaint if the Tribunal is still dealing with that complaint at that commencement. Accordingly, the Tribunal as so constituted may continue to deal with the complaint as if the amendment had not been made.

(2) The amendment made to section 169 of the Medical Practice Act 1992 by the amending Act does not affect any Committee that was constituted before the commencement of the amendment to deal with a complaint and is still dealing with the complaint at that commencement. Accordingly, any such Committee may continue to deal with the complaint as if the amendment had not been made.

(3) The amendment made to section 51 of the Nurses and Midwives Act 1991 by the amending Act does not affect any Committee that was constituted before the commencement of the amendment to deal with a complaint and is still dealing with the complaint at that commencement. Accordingly, any such Committee may continue to deal with the complaint as if the amendment had not been made.

13 Statutory declarations

Any amendment made to a health registration Act by the amending Act to remove a requirement that a statutory declaration be given in relation to a complaint applies to a complaint whether made before, on or after the commencement of the amendment.

Part 5 - Provisions consequent on enactment of Health Legislation Amendment (Unregistered Health Practitioners) Act 2006

14 Definition

In this Part--


"amending Act" means the Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 .

15 Prohibition orders

The Commission may make a prohibition order or cause a public statement to be issued under section 41A with respect to either or both of the following--

(a) conduct or any other matter or thing that occurred before, or partly before and partly after, that section was inserted by the amending Act,

(b) a complaint that has been made but not fully dealt with before that section was inserted by the amending Act.

16 Warnings about unsafe treatments or services

Section 94A, as inserted by the amending Act, extends to an investigation that is completed before the commencement of that section.

17 Decisions of boards and tribunals

Section 94B (1), as inserted by the amending Act, applies only in respect of a statement of a decision that is given after the commencement of that subsection.

Part 6 - Provision consequent on enactment of Private Health Facilities Act 2007

18 Offences under repealed Acts

The Commission must notify the Director-General under section 25 of the details of a complaint that involves a possible breach of the Private Hospitals and Day Procedure Centres Act 1988 or the Nursing Homes Act 1988 or the regulations made under those Acts if the conduct alleged to constitute the breach occurred before the repeal of the relevant Act.

Part 7 - Provisions consequent on enactment of Medical Practice Amendment Act 2008

19 Definition

In this Part--


"amending Act" means the Medical Practice Amendment Act 2008 .

20 Associated complaints

An amendment made by the amending Act in relation to associated complaints extends to associated complaints made or referred before the commencement of the amendment.

21 Concurrent investigation of associated complaints

Section 29A extends to the investigation of a complaint made or referred to the Commission before the commencement of that section.

Part 8 - Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2010

22 Complaints to registration authorities

A reference in sections 10 (1) and 34 (2) to the Health Practitioner Regulation National Law includes a reference to a repealed Act within the meaning of section 22A.

Part 9 - Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2015

23 Notification of certain complaints relating to breach of Assisted Reproductive Technology Act 2007

The amendment made to section 25 by the Statute Law (Miscellaneous Provisions) Act 2015 extends to any complaint made before 8 July 2015 (except for any complaint that the Commission is no longer dealing with on that day).

Part 10 - Provision consequent on enactment of Health Practitioner Regulation Amendment Act 2017

24 Paramedics

Division 6A of Part 2 of this Act continues to apply to a registered paramedic as if the paramedic were not registered but only in respect of a complaint made against the paramedic before the paramedic became a registered paramedic.

Part 11 - Provision consequent on enactment of Health Legislation (Miscellaneous) Amendment Act (No 2) 2022

24 Commissioner--remuneration

(1) The contract of employment in force between the Commissioner and the Minister immediately before the commencement day continues in force until a determination of the Commissioner's remuneration comes into force under the Statutory and Other Offices Remuneration Act 1975 .

(2) In this clause--


"commencement day" means the day on which the amendments made to this Act, Schedule 1A by the Health Legislation (Miscellaneous) Amendment Act (No 2) 2022 commence.