Victorian Consolidated Legislation

Health Services (Conciliation and Review) Act 1987 - SECT 16

What may be included in a complaint

16. What may be included in a complaint



(1) A user or a user's representative may complain to the Commissioner if the
complaint is that-

   (a)  a provider has acted unreasonably by not providing a health service
        for the user; or

   (b)  a provider has acted unreasonably in the manner of providing a health
        service for the user; or

   (c)  a provider has acted unreasonably in providing a health service for
        the user; or



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   (f)  a public or private health care institution has acted unreasonably by
        not properly investigating, or not taking proper action upon, a
        complaint made to the institution by a user about a provider's action
        which is of a kind mentioned in paragraphs (a) to (c).





(2) A complaint may be made under subsection (1) if the complaint is that a
provider has acted unreasonably in any of the ways set out in that subsection
by not following the guiding principles, but that subsection is not limited to
those kinds of complaints.

(3) A complaint cannot be made under subsection (1) if the complaint concerns
a matter that could be the subject of a complaint under the
Health Records Act 2001.

(4) A complaint may be made under subsection (1) by a user's representative in
relation to a user who has died whether it is alleged in the complaint that
the provider acted unreasonably during the lifetime or after the death of the
user.