HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 9
HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004 - SECT 9
(1) The Commissioner
has the following functions:
(a) to
prepare and regularly review the Charter of Health and Community Services
Rights under Part 3; and
(b) to
identify and review issues arising out of complaints and to make
recommendations for improving health and community services and preserving and
increasing the rights of people who use those services; and
(c) to
review and identify the causes of complaints and to—
(i)
recommend ways to remove, resolve or minimise those
causes; and
(ii)
detect and review trends in the delivery of health or
community services; and
(d) to
provide information, education and advice in relation to—
(i)
the Charter; and
(ii)
health and community service rights and responsibilities;
and
(iii)
procedures for resolving complaints; and
(iv)
other matters (if any) determined to be appropriate by
the Commissioner; and
(e) to
receive, assess and resolve complaints; and
(f) to
encourage and assist health and community service consumers to resolve
complaints directly with health and community service providers; and
(g) to
assist health and community service providers to develop or improve procedures
to resolve complaints; and
(h) to
inquire into and report on any matter relating to health or community services
on the Commissioner's own motion or at the request of the Minister; and
(i)
to advise, and report to, the Minister on any matter
relating to health or community services or the administration or operation of
this Act; and
(j) to
provide information, advice and reports to registration authorities and to
work with registration authorities to develop or improve procedures relating
to the assessment and investigation of complaints and grievances; and
(k) to
maintain links with—
(i)
health and community service providers; and
(ii)
organisations that have an interest in the provision of
health or community services; and
(iii)
organisations that represent the interests of the
consumers of health or community services; and
(l) to
consult and cooperate with other agencies and authorities that are involved in
protecting the interests and rights of members of the community in the area of
the provision of health or community services, including—
(i)
the State Ombudsman; and
(ii)
the Australian Human Rights Commission; and
(m) to
perform other functions conferred on the Commissioner by or under this or any
other Act.
(2) The Commissioner
must, in providing information and advice, and in the assessment and
consideration of any complaint, take into account, to such extent as may be
appropriate, the position of persons within special needs groups.
(3) For the purposes
of subsection (2), "special needs groups are particular classes of
persons who, because of the nature of the classes to which they belong, may
suffer disadvantage in the provision of services unless their needs are
recognised.
(4) The Commissioner
must, in acting under this Act, give particular attention to the position of
volunteers and to their value in providing health and community services
within the community and should not unnecessarily involve them in any
proceedings under this Act.