HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects
• 4 Interpretation

PART 2--Health and Community Services Complaints Commissioner

Division 1--Appointment and conditions of office

• 5 Appointment
• 6 Term of office and conditions of appointment
• 7 Remuneration
• 8 Temporary appointments

Division 2--Functions and powers

• 9 Functions
• 10 Powers
• 11 Independence

Division 3--Committees

• 12 Committees

Division 4--Appointment of conciliators and professional mentors

• 13 Appointment of conciliators and professional mentors

Division 5--Other matters

• 14 Staff
• 16 Annual report
• 17 Other reports
• 18 Immunity

PART 3--Charter of Health and Community Services Rights

• 19 Development of Charter
• 20 Review of Charter
• 21 Consultation
• 22 Content of Charter
• 23 Approval of Charter

PART 4--Complaints

Division 1--Making a complaint

• 24 Who may complain
• 25 Grounds on which complaint may be made
• 26 Form of complaint
• 27 Time within which a complaint may be made
• 28 Further information may be required

Division 1A--Certain complaints to be referred to Ombudsman

• 28A Commissioner to refer certain complaints to Ombudsman

Division 2--Assessment

• 29 Assessment
• 30 Preliminary inquiries
• 31 Provision of documents etc on referral of complaint
• 32 Splitting or joining of complaints

Division 3--No further action on complaint

• 33 No further action on complaint

Division 4--Miscellaneous

• 34 Withdrawal of complaint

PART 5--Conciliation of complaints

• 35 Function of conciliator
• 36 Public interest
• 37 Assistance at conciliation
• 38 Reports from conciliator
• 39 Conciliation may be brought to an end
• 40 Privilege and confidentiality
• 41 Professional mentor
• 42 Enforceable agreements

PART 6--Investigations

Division 1--Application of Part

• 43 Matters that may be investigated
• 44 Limitation of powers

Division 2--Conduct of investigations

• 45 Conduct of investigation
• 46 Representation
• 47 Use and obtaining of information
• 48 Power to examine witnesses etc
• 49 Search powers and warrants
• 50 Reimbursement of expenses
• 51 Reference to another authority for investigation
• 52 Possession of document or other seized item

Division 3--Privilege

• 53 Privilege

Division 4--Action on investigation

• 54 Reports
• 55 Notice of action to providers
• 56 Right of review

Division 5--Action against certain health service providers

• 56A Codes of conduct
• 56B Interim action
• 56C Commissioner may take action
• 56D Commissioner to provide details
• 56E Review
• 56EA Requirement to comply with interstate orders in this State
• 56F Related matters

PART 7--Relationship between Commissioner and registration authorities

• 57 Complaints received by Commissioner that relate to registered service providers
• 58 Referral of complaint to registration authority
• 59 Action on referred complaints
• 60 Referral of complaint to Commissioner
• 61 Action on investigation reports
• 62 Information from registration authority
• 63 Information to registration authority
• 64 Assistance with proceedings
• 65 Interim action on a complaint
• 66 Further action by registration authority

PART 9--Miscellaneous

• 72 Delegation
• 73 Adverse comments in reports
• 74 Protection of identity of service consumer or complainant from service provider
• 75 Preservation of confidentiality
• 76 Returns by prescribed providers
• 77 Returns by registration authorities and prescribed bodies
• 78 Offence relating to intimidation
• 79 Offence relating to reprisals
• 80 Offences relating to obstruction etc
• 81 Offences relating to the provision of information
• 82 Protection of certain information
• 83 Protection from civil actions
• 84 Informality of procedures
• 85 Determining reasonableness of health or community service provider's actions
• 86 Interaction with Ombudsman Act 1972
• 86A Assistance to other agencies
• 87 Regulations
• 88 Review of Act
• 89 Transitional provisions
Legislative history The Parliament of South Australia enacts as follows: