HEALTH COMPLAINTS ACT 1995

Table of Provisions

PART 1 - Preliminary

• 1 Short title
• 2 Commencement
• 3 Interpretation
• 4 Act binds Crown

PART 2 - Health Complaints Commissioner

• 5 Health Complaints Commissioner
• 6 Functions of Commissioner
• 7 Independence of Commissioner
• 8 Powers of Commissioner
• 9 Delegation
• 10 Committees
• 11 Acting Commissioner
• 12 Annual report
• 13 Special report
• 14 Staff
• 15 Appointment of conciliators and professional mentors
• 16 Protection of Commissioner and staff

PART 3 - Charter of Health Rights

• 17 Development of Charter of Health Rights
• 18 Review of Charter
• 19 Consultation on Charter
• 20 Content of Charter
• 21 Approval of Charter

PART 4 - Complaints Division 1 - Making complaints

• 22 Who may complain
• 23 Making a complaint
• 24 Further information may be required
• 24A Notice of complaints to local registration boards

Division 2 - Assessment of complaints

• 25 Assessment
• 25A Early resolution of complaints
• 26 Enquiries during assessment
• 27 Notice of assessment
• 28 Provision of documents, &c., on referral of complaint
• 29 Splitting of complaints

Division 3 - Miscellaneous

• 29A Powers of Commissioner
• 29B Power of Commissioner to give information to registration board
• 30 Withdrawal of complaint

PART 5 - Conciliation of Complaints

• 31 Function of conciliator
• 32 Public interest
• 32A Duty to attend initial meeting
• 33 Representation at conciliation
• 34 Progress report from conciliator
• 35 Results report from conciliator
• 36 Commissioner may end conciliation
• 37 Privilege and confidentiality
• 38 Professional mentor
• 39 Enforceable agreements

PART 6 - Investigations Division 1 - Application of Part 6

• 40 Matters that may be investigated
• 41 Continuation of investigation after resolution
• 42 Limitation of powers

Division 2 - Conduct of investigations

• 43 Conduct of investigation
• 44 Representation
• 45 Use and obtaining of information
• 46 Power to examine witnesses, &c.
• 47 Search powers and warrants
• 47A Entry of premises
• 48 Reimbursement of expenses
• 49 Reference to another authority for investigation
• 50 Possession by Commissioner of document or other seized item

Division 3 - Privilege

• 51 Application of Division
• 52 Witness privilege and production of documents
• 53 Privilege in case of unjustifiable exercise of power
• 54 Supreme Court applications

Division 4 - Action on investigation

• 55 Reports
• 56 Notice of action to providers

PART 7 - Registration Boards

• 56AA Relationship of this Act to Health Practitioner Regulation National
Law (Tasmania)
• 56A Agreement on protocol
• 57 Referral of complaint to Commissioner by local registration board
• 58 Investigation of complaints or grievances by a local registration
board
• 59 Action on investigation reports
• 60 Information from registration board
• 61 Information to registration board
• 62 Commissioner may intervene in disciplinary proceedings
• 62A Power of local registration board to give information to Commissioner

PART 8 - Miscellaneous

• 62B Freedom of disclosure and communication to Commissioner
• 63 Adverse comment in reports
• 64 Protection of identity of health service user or complainant from
health service provider
• 65 Preservation of confidentiality
• 66 Returns by prescribed providers
• 67 Offences relating to intimidation
• 68 Offences relating to reprisals
• 69 Offences relating to obstruction, &c.
• 70 Offences relating to provision of information, &c.
• 71 Proceedings for offence
• 72 Evidence
• 73 Protection from civil actions
• 74 Informality of procedures
• 75 Determining reasonableness of health service provider's actions
• 76 Section 76
• 77 Amendment of Schedules 1 and 2
• 78 Providing documents
• 79 Regulations
• 80 Section 80
• 81 Administration of Act
SCHEDULE 1 SCHEDULE 2 SCHEDULE 3

[ Note: This table has been automatically generated and may be incomplete. ]