Northern Territory Consolidated Acts

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HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT - SECT 5

Reasonableness of provider's actions

    (1)     In determining whether or not a provider has acted reasonably in providing a health service or community service, the Commissioner must have regard to the following:

        (a)     the Code;

        (b)     until the Code is approved – the charter or the principles set out in the Regulations, or both;

        (c)     after the Code is approved – the charter and the principles set out in the Regulations that are not dealt with by the Code;

        (d)     the generally accepted standard of health service or community service delivery expected of a provider of that kind;

        (e)     the Carers Charter;

        (f)     another matter or information the Commissioner considers relevant.

    (2)     In addition, in respect of a community service that is a service for people with a disability, the Commissioner may have regard to any or all of the following:

        (a)     the principles set out in Schedule 2 to the Disability Services Act ;

        (b)     the objectives to be complied with in relation to the design and implementation of programs and services relating to people with disabilities set out in Schedule 3 to that Act;

        (c)     any standards of service for people with a disability that are specified in any law in force in the Territory.

    (3)     In addition, in respect of a community service that is a service for aged people, the Commissioner may have regard to either or both of the following:

        (a)     the Home and Community Care National Standards (known as the HACC Standards);

        (b)     any standards of service for aged people that are specified in any law in force in the Territory.



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