Victorian Consolidated Legislation

Health Records Act 2001 - SECT 47

Complaints by children and people with an impairment

47. Complaints by children and people with an impairment



(1) A complaint may be made-

   (a)  by a child; or

   (b)  on behalf of a child by-

   (i)  a parent of the child; or

   (ii) any other person chosen by the child or by a parent of the child; or

   (iii) any other person who, in the opinion of the Health Services
        Commissioner, has a sufficient interest in the subject-matter of the
        complaint.

(2) A child who is capable of understanding the general nature and effect of
choosing a person to make a complaint on his or her behalf may do so even if
he or she is otherwise incapable of exercising powers.

(3) If an individual is unable to complain by reason of injury, disease,
senility, illness, disability, physical impairment or mental disorder, a
complaint may be made on behalf of that individual by-

   (a)  another person authorised by the individual to complain on his or her
        behalf; or

   (b)  if the individual is unable to authorise another person, any other
        person on his or her behalf who, in the opinion of the Health Services
        Commissioner, has a sufficient interest in the subject-matter of the
        complaint.

(4) An individual who is capable of understanding the general nature and
effect of authorising another person to complain on his or her behalf may do
so even if he or she is otherwise incapable of exercising powers.

Division 2-Procedure after a complaint is made