HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 25
HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 25
25—Grounds on which complaint may be made
(1) A complaint may be
made (and may only be made under this Act) on one or more of the following
grounds:
(a) that
a health or community service provider has acted unreasonably by not providing
a health or community service, or by discontinuing (or proposing to
discontinue) a health or community service provided to a particular person;
(b) that
the provision of a health or community service or of part of a health or
community service was not necessary or was inappropriate;
(c) that
a health or community service provider has acted unreasonably in the manner of
providing a health or community service;
(d) that
a health or community service provider has failed to exercise due skill;
(e) that
a health or community service provider has failed to treat a health or
community service consumer in an appropriate professional manner;
(f) that
a health or community service provider has failed to respect a health or
community service consumer's privacy or dignity;
(g) that
a health or community service provider has acted unreasonably by failing to
provide a health or community service consumer—
(i)
with sufficient information, in language and terms
understandable to the consumer, on the treatment or service in order to enable
the consumer to make an informed decision; or
(ii)
with a reasonable opportunity to make an informed choice
of the treatment or services available; or
(iii)
with adequate information on the availability of further
advice on the consumer's condition or of relevant education programs (if any);
or
(iv)
with adequate information on the treatment or services
received; or
(v)
with any prognosis that it would have been reasonable for
the consumer to be provided with;
(h) that
a health or community service provider has acted unreasonably by—
(i)
denying a health or community service consumer access to,
or restricting the consumer's reasonable access to, records relating to the
consumer that were in the provider's possession; or
(ii)
not making available to a health or
community service consumer information about the consumer's condition that the
health service provider was able to make available;
(i)
that a health or community service provider has acted
unreasonably in disclosing information in relation to a health or
community service consumer to a third person;
(j) that
a health or community service provider has acted unreasonably by not taking
proper action in relation to a complaint made to him or her by the consumer
about a provider's action of a kind referred to in this section;
(k) that
a health or community service provider has acted in any other manner that is
inconsistent with the Charter;
(l) that
a health or community service provider has acted in any other manner that did
not conform with the generally accepted standard of service delivery expected
of a provider of the kind of service to which the complaint relates.
(2) Nothing in
subsection (1) requires a health or community service provider—
(a) to
act, or to provide advice or information with respect to a matter, outside the
field of expertise associated with the provider's profession or occupational
group; or
(b) to
alter, or to hand over a copy of, medical records in the provider's
possession.
(3) For the purposes
of subsection (1), information appropriately provided to a person
lawfully acting on behalf of a health or community service consumer at the
time the information is provided will be taken to have been appropriately
provided to the health or community service consumer.
(4)
Subsection (1)(i) does not apply in relation to the disclosure of
information to—
(a) a
legal practitioner in connection with a related legal matter; or
(b) an
insurer who has an appropriate interest in the information; or
(c) any
other person of a prescribed class.
(5) If a complaint
relates to an act or omission of a volunteer while working for another person
or body, the complaint will be taken to be a complaint against the other
person or body (as the case may be) and, subject to subsection (6), the
volunteer cannot be required to participate in any proceedings under this Act
and in particular cannot be the subject of the exercise of any power under
Part 6 Division 2.
(6) Despite
subsection (5), a volunteer may be required to participate in proceedings
under this Act and may be the subject of the exercise of power under
Part 6 if, in the circumstances—
(a) a
code of conduct under section 56A applies in respect of the volunteer;
and
(b) the
Commissioner is satisfied that conduct of the volunteer poses or has posed a
risk to the health or safety of members of the public.