South Australian Consolidated Acts

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HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 24

24—Who may complain

A complaint about a health or community service used, received by or sought by a person (a "health or community service user") may be made to the Commissioner by—

            (a)         the health or community service user; or

            (b)         if the health or community service user has attained the age of 16 years—a person appointed by the user to make the complaint on the user's behalf; or

            (c)         if the health or community service user has not attained the age of 16 years—a parent or guardian of the user; or

            (d)         the donee of a power of attorney from the health or community service user or an enduring guardian of the health or community service user; or

            (e)         a person who is acting on behalf of the health or community service user under another law or an order of a court; or

            (f)         a Member of Parliament; or

            (g)         if the Commissioner is satisfied that it is unreasonable to expect the health or community service user to make a complaint personally—a person approved by the Commissioner to act on behalf of the user; or

            (h)         a health or community service provider if the complaint is made on the ground that the relevant service is or has been provided or is or was necessary because of the actions of another health or community service provider; or

                  (i)         if the health or community service user has died—a person who can demonstrate to the Commissioner that he or she had an enduring relationship with the deceased person, or a personal representative of the deceased person; or

            (j)         the Minister; or

            (k)         the Chief Executive of the Department; or

            (l)         any other person, or any body, that, in the opinion of the Commissioner, should be able to make a particular complaint in the public interest.



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