HEALTH COMPLAINTS ACT 1995

HEALTH COMPLAINTS ACT 1995

- Act 95 of 1995
- Royal Assent 24 November 1995

TABLE OF PROVISIONS

           Long Title

   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. ]