Northern Territory Consolidated Acts

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short Title
   2.      Commencement
   3.      Objectives
   4.      Interpretation
   5.      Reasonableness of provider's actions
   6.      Act binds Crown
           Part 2 Health and Community Services Complaints Commission
   7.      Establishment of Commission
   8.      Control of Commission
           Part 3 Commissioner for Health and Community Services Complaints
   9.      Appointment of Commissioner
   10.     Acting Commissioner
   11.     Deputy Commissioner
   12.     Powers and functions of Commissioner
   13.     Independence of Commissioner
   14.     Employees
   15.     Delegations
   16.     Oath of office
   17.     Commissioner and employees not liable
   18.     Non-disclosure of certain matters
   19.     Annual and special report
           Part 4 References to Commissioner
   20.     Reference by Minister
   21.     Reference by Legislative Assembly
           Part 5 Complaints
           Division 1 Making complaints
   22.     Persons who may make complaint
   23.     Basis of complaint
   24.     Form of complaint
   25.     Complainant to provide information when required
   25A.    Referral of complaints by Information Commissioner and Ombudsman
           Division 2 Assessment of complaints
   26.     Preliminary and minor inquiries
   27.     Assessment
   28.     Provider to give response
   29.     Notice of determination and basis of complaint
   30.     No further action on complaint
   31.     Withdrawal of complaint
   32.     Splitting of complaints
   33.     Confidentiality of user's and complainant's particulars
   34.     Action on referral of complaint
           Part 6 Conciliation of complaints
   35.     Appointment of conciliators
   36.     Objection to conciliator
   37.     Referral to conciliators
   38.     Function of conciliators
   39.     Public interest
   40.     Representation at conciliation
   41.     Progress report from conciliator
   42.     Results report from conciliator
   43.     Enforceable agreements
   44.     Commissioner may end conciliation
   45.     Professional mentor
   46.     Administrative support staff
   47.     Privilege and confidentiality
           Part 7 Investigations
           Division 1 Preliminary
   48.     Matters that may be investigated
   49.     Limitation of powers
           Division 2 Conduct of investigation
   50.     Authorisation of persons to carry out investigations
   51.     Professional mentor
   52.     Expert assistance
   53.     Conduct of investigation
   54.     Representation
   55.     Use and obtaining information
   56.     Power to examine witnesses
   57.     Reference to another authority for investigation
   58.     Powers of entry and search
   59.     Reimbursement of expenses
   60.     Use of documents
   61.     Use of information obtained during investigations
           Division 3 Privilege
   62.     Witness privilege
   63.     Privilege in case of unjustifiable exercise of power
   64.     Supreme Court applications
           Division 4 Action on investigation
   65.     Reports
   66.     Notice of action to provider
   67.     Adverse comments in reports
           Part 8 Relationship between Commissioner and relevant Boards
   68.     Notification to relevant Board
   69.     Referral of complaint to Commissioner
   70.     Establishment of consultation protocols
   71.     Complaints referred after assessment
   72.     Action on investigation reports
   73.     Information to Board
   74.     Information from Board
   75.     Commissioner may be party to proceedings by Board
   76.     Assistance with other investigations
   77.     Further action by Board
           Part 9 Health and Community Services Complaints Review Committee
   78.     Establishment of Committee
   79.     Powers and functions of Committee
   80.     Application for review
   81.     Information to Committee
   82.     Commissioner to report to Committee
   83.     Procedure of Committee
   84.     Disclosure of interests
           Part 10 Miscellaneous
   85.     Procedural fairness
   86.     Informality of procedures
   87.     Recommendations to have regard to available resources
   88.     General standards of clinical practice
   89.     Inconsistency between Act and relevant Board Act
   90.     Consultation with and by Commissioner
   91.     Offences relating to obstruction, &c.
   92.     Offences relating to provision of information, &c.
   93.     Offences relating to intimidation
   94.     Offences relating to reprisal
   95.     Giving of information protected
   96.     Protection from civil actions
   97.     Preservation of confidentiality
   98.     Disclosure of non-confidential information
   99.     Returns by providers
   100.    Internal complaints procedures
   101.    Proceedings for offence
   102.    Evidence
   103.    service of documents
   104.    Code of Health and Community Rights and Responsibilities
   105.    Regulations
   106.    Review of operations of Act
   107.    Transitional
           Schedule 1
           ENDNOTES