South Australian Current Acts

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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 a complaint may be made
   26.     Form of complaint
   27.     Time within which a complaint may be made
   28.     Further information may be required

           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 appeal

           Division 5--Action against unregistered health practitioners

   56A.    Codes of conduct
   56B.    Interim action
   56C.    Commissioner may take action
   56D.    Commissioner to provide details
   56E.    Appeal
   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 user or complainant from service provider
   75.     Preservation of confidentiality
   76.     Returns by prescribed providers
   77.     Returns by registration authorities
   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:


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