Northern Territory Consolidated Acts

HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY MATTERS

   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.     Staff and facilities for Commissioner  
   15.     Delegations  
   16.     Oath of office  
   17.     Commissioner and staff members 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 matters

   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  
   92.     Offences relating to provision of information  
   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  
   104.    Code of Health and Community Rights and Responsibilities  
   105.    Regulations  
   106.     Review of operations of Act  

   PART 11--TRANSITIONAL MATTERS

           Division 1--Health and Community Services Complaints Act 1998

   107.    Transitional  

           Division 2--Health and Community Services Complaints Amendment Act 2011

   108.    Definitions  
   109.    Commissioner and acting Commissioner  
   110.    Staff and facilities  
           SCHEDULE 1
           ENDNOTES