HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004
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: