HEALTH LEGISLATION AMENDMENT ACT 2011 No. 41 - SECT 25 25 Insertion of new ch 5, pt 2A

HEALTH LEGISLATION AMENDMENT ACT 2011 No. 41 - SECT 25

Chapter 5—

insert—

'This part applies to a health complaint about a registered provider registered by a national board.

'(1) The commission must immediately conduct a preliminary assessment of the health complaint.

'(2) However, if the health complaint is a notification, the commission need not conduct the preliminary assessment until the commission has been given the information mentioned in the Health Practitioner Regulation National Law (Queensland), section 150(1)(b) for the health complaint.

'(3) The commission must consider the following when conducting a preliminary assessment of a health complaint—

(a) whether the health complaint is a health quality complaint or health service complaint;

(b) if the complaint is a health service complaint—whether the complaint may be resolved directly between the complainant and the provider;

(c) whether the health complaint may be resolved under section 49D;

(d) whether it is more appropriate for a registration board to deal with the health complaint;

(e) whether another entity may be able to investigate or take other appropriate action about the health complaint.

'(4) Also, subsection (1) is subject to sections 49C and 66.

'(1) This section applies to a health complaint, other than a health complaint that is a notification.

'(2) The commission must not start a preliminary assessment of the health complaint until—

(a) if the health complaint is a health service complaint—the commission is satisfied the complainant is eligible to make the health complaint; and

(b) if the health complaint is made orally—the complainant confirms the health complaint in writing or the commission is satisfied there is good reason that the health complaint need not be confirmed in writing; and

(c) the complainant gives the commission the information required under section 47(1) or the commission decides to accept the health complaint under section 47(3); and

(d) if the commission asks for further information about the health complaint under section 48 or requires the health complaint or further information to be verified by oath or statutory declaration under section 49—the complainant complies with the request or requirement.

'(1) On conducting a preliminary assessment of a health complaint, the commission must comply with the Health Practitioner Regulation National Law (Queensland), section 150.

'(2) In dealing with a health complaint as required under the Health Practitioner Regulation National Law (Queensland), section 150(3), the commission may—

(a) attempt to resolve the health complaint under section 49E; or

(b) refer the complaint to another entity the commission considers is able to investigate or take other appropriate action about the complaint; or

(c) take action under part 3 or 4; or

(d) if the health complaint is a health quality complaint—decide not to take action about the health complaint if—

(i) the commission considers no action is warranted; or

(ii) the complaint is being dealt with by a national board; or

(e) if the health complaint is a health service complaint—decide to take no action on the health complaint under section 63, 64 or 65 despite the health service complaint not being assessed under part 4.

'(3) If the commission makes a decision about a health complaint under subsection (2)(d) or (e), the commission must give notice of the commission's decision, including reasons for the decision, to the complainant as soon as practicable after making the decision.

'(1) This section applies if the commission considers there is a reasonable likelihood that it may be able to facilitate the early resolution of a health complaint and the complainant agrees to the commission acting under this section.

'(2) The commission may take the action it considers reasonable to facilitate the resolution of the health complaint.

Example of action the commission may take—

The commission may arrange mediation between the complainant and the provider concerned.

'(3) The commission must not continue to facilitate the early resolution of the health complaint if—

(a) the commission is satisfied it is unable to facilitate the early resolution of the complaint; or

(b) the complaint remains unresolved 30 days after its receipt by the commission.

'(4) This section is subject to section 66.'.