HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Health service principles
PART 2--COMPLAINTS
Division 1--Making a complaint
- 5 Complaint by person who received or sought a health service
- 6 Complaint about health service received or sought by another person
- 7 Complaint by carer
- 8 Time for making a complaint
- 9 Complaint may be either oral or in writing
- 10 Record of complaint
- 11 Commissioner to assist persons to make complaints
- 12 Preliminary complaint resolution
- 13 Decision whether to deal with complaint
Division 4--of Part 2 provides for the deferral of the giving of this notice in certain circumstances.
- 14 Grounds for not dealing with complaints
- 15 Formal description of complaint
- 16 Alteration or variation of formal description of complaint
- 17 Copy of formal description of complaint to be given to health service provider
Division 4--of Part 2 provides for the deferral of the giving of a copy of a formal description of a complaint under this section in certain circumstances.
- 18 Commissioner may request more information
- 19 Commissioner may divide or concurrently deal with complaints
Division 4--of Part 2 provides for the deferral of the giving of this notice in certain circumstances.
- 20 Commissioner decision as to how to deal with complaint
Division 4--of Part 2 provides for the deferral of the giving of this notice in certain circumstances.
Division 4--of Part 2 provides for the deferral of the giving of this information in certain circumstances.
- 22 Notification by person who does not wish to be a party
- 23 Withdrawal of complaint
- 24 Effect of withdrawal of complaint
Division 3--Referral of complaints
- 25 Referral of complaint if another Act applies
- 26 Complaint to which National Law may also apply
- 27 Commissioner may continue to exercise certain functions and powers despite referral
- 28 Commissioner to notify referral of complaint
Division 4--of Part 2 provides for the deferral of the giving of a notice under this section in certain circumstances.
Division 4--Deferral of notifications
- 29 Deferral of notifications by Commissioner
- 30 Deferral of notifications at request of National Board
- 31 Deferral of notifications at request of Disability Services Commissioner
PART 3--COMPLAINT RESOLUTION PROCESS
Division 1--Complaint resolution process
- 32 Complaint resolution process
- 33 Notice of complaint resolution process
- 34 Parties withdrawal of agreement to complaint resolution process
- 35 Health service provider may be required to respond
- 36 Commissioner's power to extend time limit
- 37 Conciliation of the whole or a part of a complaint
- 38 Outcome of complaint resolution process
- 39 Reporting on undertakings to Commissioner
- 40 Conciliation
- 41 Health service provider may be required to produce documents in conciliation
- 42 Extension of time to produce documents
- 43 Confidentiality of information given or agreement reached in conciliation process
- 44 Completion of conciliation
PART 4--INVESTIGATIONS BY THE COMMISSIONER
Division 1--Investigations
- 45 Investigation of complaints by Commissioner
- 46 Investigation of matter referred by Minister
- 47 Power of Commissioner to conduct a Commissioner initiated investigation
- 48 Commencement of Commissioner initiated investigation
- 49 Notice of investigation under this Division
Division 4--of Part 2 provides for the deferral of the giving of notice under this section in certain circumstances.
- 50 Commissioner's report on an investigation under this Division
- 51 Persons to whom report on an investigation under this Division to be given
- 52 Response by health service provider
Division 2--Follow up investigation
- 53 Power of Commissioner to conduct a follow up investigation
- 54 Notice of follow up investigation
- 55 Commencement of follow up investigation
- 56 Commissioner's report on follow up investigation
- 57 Persons to whom report on follow up investigation to be given
- 58 Response by health service provider
PART 5--CONDUCT OF INVESTIGATIONS, INVESTIGATORY POWERS AND RELATED MATTERS
Division 1--Conduct of investigations
- 59 Principles applying to all investigations
- 60 Requirements if there is no hearing
- 61 Requirements if there is a hearing
Division 2--Authorised persons
- 62 Authorised persons
- 63 Authorised persons' identification
- 64 Production of identification
Division 3--Entry and search under warrant
- 65 Search warrants
- 66 Announcement before entry
- 67 Details of warrant to be given to occupier
- 68 Offence to hinder or obstruct person executing warrant
Division 4--Powers as to production of documents and things, attendance of witnesses and obtaining evidence
- 69 Power to compel production of documents and things or attendance of witnesses
- 70 Offence to fail to comply with investigation hearing notice
- 71 Variation of investigation hearing notice
- 72 Power to take evidence on oath or affirmation
- 73 Powers in relation to documents and things
PART 6--PROTECTIONS AND REPRESENTATIONS FOR PERSONS ACTING UNDER THIS ACT
- 74 Compellability of Commissioner or member of staff
- 75 Protection of participants
- 76 Protection for people making a complaint
- 77 Protection against self incrimination
- 78 Legal professional privilege and client legal privilege
- 79 Representation
- 80 Offence to threaten etc. complainant
- 81 Offence to make false statements
PART 7--STATEMENTS
Division 1--Follow up statements
- 82 Statement about failure to give written response
- 83 Submissions on publication of follow up statement
Division 2--Public interest statements
- 84 Public health warning statements
- 85 Revocation of public health warning statement
- 86 Correction of public health warning statement
- 87 General health service warning statements
- 88 Revocation of general health service warning statement
- 89 Correction of general health service warning statement
PART 8--PROHIBITION OR REGULATION OF THE PROVISION OF GENERAL HEALTH SERVICES
Division 1--Interim prohibition orders
- 90 Power to make an interim prohibition order
- 91 Matters to be considered for making interim prohibition order
- 92 Publication of information as to interim prohibition order
- 93 Offence for contravention of interim prohibition order
- 94 Revocation of interim prohibition order
Division 2--Prohibition orders
- 95 Power to make a prohibition order
- 96 Matters to be considered for making prohibition order
- 97 Publication of information as to prohibition order
- 98 Offence for contravention of prohibition order
- 99 Variation of prohibition order
- 100 Revocation of prohibition order
Division 3--Review of orders and offence
- 101 Application for VCAT review of decision to impose interim prohibition order or prohibition order
- 102 Offence to provide certain services if prohibited from doing so in another State or Territory
PART 9--INQUIRIES
- 103 Power to inquire into referred health service matters
- 104 Conduct of inquiry
PART 10--COMPLAINT DATA REVIEW
- 105 Power to conduct a complaint data review
- 106 Conduct of a complaint data review
- 107 Commissioner's report on complaint data review
- 108 Persons to whom complaint data review report to be given
- 109 Response by health service provider
PART 11--HEALTH COMPLAINTS COMMISSIONER
Division 1--Appointment, terms and conditions
- 110 Health Complaints Commissioner
- 111 Appointment
- 112 Remuneration
- 113 Terms and conditions of appointment
- 114 Acting appointment
- 115 Vacancy and resignation
- 116 Removal from office
- 117 Validity of decisions
Division 2--Functions and powers
- 118 Functions and powers of the Commissioner
- 119 Recommendations to the Commissioner
- 120 Power to delegate
- 121 Staff
- 122 Protection from liability for Commissioner and Assistant Commissioners
Division 3--Performance of the Commissioner
- 123 Guiding principles of the Commissioner
- 124 Preparation of practice protocol
- 125 Approval of practice protocol
- 126 Publication of approved practice protocol
- 127 Review of approved practice protocol
- 128 Amended practice protocol after review
Division 4--Information gathering, reports and standards
- 129 Power to require information to be given
- 130 Making public a report or findings
- 131 Interim complaint handling standards
- 132 Standards for complaint handling
- 133 Making of standards
- 134 Review of standards
- 135 Amendment or revocation of standards
- 136 Amending or revoking complaint handling standards
- 137 Date on which order takes effect
- 138 Annual report
- 139 Giving the report to Parliament
PART 12--HEALTH COMPLAINTS COMMISSIONER ADVISORY COUNCIL
- 140 Establishment of Health Complaints Commissioner Advisory Council
- 141 Membership of the Council
- 142 Terms and conditions of office
- 143 Quorum and proceedings
- 144 Resignation and removal
- 145 Ceasing to hold office
- 146 Effect of a vacancy or defect
- 147 Functions of the Health Complaints Commissioner Advisory Council
PART 13--GENERAL
Division 1--Disclosure of information
- 148 Commissioner may give information or copies of orders to other bodies or jurisdictions
- 149 Commissioner is authorised to receive information under the National Law
- 150 Non-disclosure of information—investigations, complaint data reviews
- 151 Non-disclosure of information—complaint resolution processes
- 152 Non-disclosure of information given in conciliation
- 153 Non-disclosure of identifying information
Division 2--General code of conduct
Division 3--Criminal record check
- 155 Criminal record check
Division 4--General matters and regulations
PART 14--TRANSITIONAL PROVISIONS
- 159 Transitional provision for repeal of Health Services (Conciliation and Review) Act 1987
PART 15--REPEAL AND CONSEQUENTIAL AMENDMENTS
Division 1--Repeal of the Health Services (Conciliation and Review) Act 1987
- 160 Repeal of the Health Services (Conciliation and Review) Act 1987
Division 2--Amendment of the Assisted Reproductive Treatment Amendment Act 2016
Division 3--Amendment of the Commission for Children and Young People Act 2012
- 163 Disclosing information to other authorities
Division 4--Amendment of the Corrections Act 1986
Division 5--Amendment of the Crimes Act 1958
Division 6--Amendment of the Disability Act 2006
Division 7--Amendment of the Freedom of Information Act 1982
- 171 Definitions
- 172 Division 2 of Part VI heading amended
- 173 Section 49Q heading amended
- 174 Conciliation by Health Services Commissioner
- 175 Applications for review by the Tribunal
- 176 Complaints notified or referred by other bodies
Division 8--Amendment of the Health Practitioners (Special Events Exemption) Act 1999
- 177 Complaints about visiting health practitioners
Division 9--Amendment of the Health Records Act 2001
- 178 Definitions
- 179 Application of HPPs
- 180 Organisation to comply with HPPs
- 181 Heading to section 22 amended
- 182 Health Services Commissioner may issue, approve or vary guidelines
- 183 Revocation of issue or approval
- 184 Disallowance by Governor in Council
- 185 No access to health information where threat to life or health of individual or another person
- 186 Complaints
- 187 Heading to section 46 amended
- 188 Complaint referred to Health Services Commissioner
- 189 Complaints by children and people with an impairment
- 190 Heading to section 48 amended
- 191 Health Services Commissioner must notify respondent
- 192 Preliminary assessment of complaint
- 193 Splitting complaints
- 194 Heading to section 51 amended
- 195 Circumstances in which Health Services Commissioner may decline to entertain complaint
- 196 Referral to registration board
- 197 Heading to section 53 amended
- 198 Health Services Commissioner may dismiss stale complaint
- 199 Minister may refer a complaint direct to Tribunal
- 200 Heading to section 55 amended
- 201 Complaint about registered health service provider
- 202 What happens if a complaint is accepted?
- 203 What happens if conciliation or ruling is inappropriate?
- 204 Duty to stop proceedings
- 205 Conciliation process
- 206 Power to obtain information and documents
- 207 Conciliation agreements
- 208 What happens if conciliation fails?
- 209 Investigation and ruling
- 210 Referral to Tribunal
- 211 Compliance notice
- 212 Power to obtain information and documents
- 213 Conduct of investigation etc.
- 214 Power to examine witnesses
- 215 Application for review—compliance notice
- 216 Tribunal may make interim orders before hearing
- 217 When may the Tribunal hear a complaint?
- 218 Who are the parties to a proceeding?
- 219 What may the Tribunal decide?
- 220 Persons not to be persuaded not to exercise rights under Act
- 221 Heading to section 84 amended
- 222 Failure to attend etc. before Health Services Commissioner
- 223 Protection from liability
- 224 Heading to section 87 amended
- 225 Functions of Health Services Commissioner
- 226 Powers
- 227 Heading to section 89 amended
- 228 Health Services Commissioner to have regard to certain matters
- 229 Secrecy
- 230 Delegation
- 231 Prosecutions
- 232 Schedule 1 amended
Division 10--Amendment of the Health Services Act 1988
Division 11--Amendment of the Judicial Commission of Victoria Act 2016
- 237 Schedule 1 amended
Division 12--Amendment of the Mental Health Act 2014
- 238 Referred complaints
Division 13--Amendment of the Ombudsman Act 1973
- 239 Schedule 3 amended
Division 14--Amendment of the Privacy and Data Protection Act 2014
- 240 Commissioner may refer complaint
Division 15--Amendment of the Protected Disclosure Act 2012
- 241 Disclosures that must be made to the IBAC or the Ombudsman
Division 16--Amendment of the Public Administration Act 2004
- 242 What are special bodies?
Division 17--Amendment of the Public Health and Wellbeing Act 2008
Division 18--Amendment of the RadiationAct 2005
- 244 Disclosure of information to other agencies
Division 19--Amendment of the Serious Sex Offenders (Detention and Supervision) Act 2009
Division 20--Amendment of the Victims of Crime Assistance Act 1996
- 247 Complaints about service providers
Division 21--Amendment of the Victorian Civil and Administrative Tribunal Act 1998
- 248 Heading to clause 11F amended
- 249 Intervention by Health Services Commissioner
- 250 Notification in other proceedings
- 251 Heading to section 11H amended
- 252 Health Services Commissioner may apply for interim injunction
- 253 Compulsory conference
Division 22--Repeal of Part
- 254 Repeal of this Part