HEALTH AND DISABILITY SERVICES (COMPLAINTS) ACT 1995
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3A Act to be read with other legislation about health and disability complaints
- 3 Terms used
- 4 Guiding principles for the provision of health services
- 5 Crown bound
PART 2 -- Administrative arrangements
- 6 Health and Disability Services Complaints Office
- 7 Director of Office
- 8 Tenure, salary etc. of Director
- 9 Judicial notice of Director’s appointment and signature
- 10 Director’s functions
- 11 Minister may give Director directions
- 12 Minister to have access to information
- 13 Financial provisions
- 14 Staff
- 15 Consultants
- 16 Use of other government staff etc.
- 17 Oath of office by Director and staff
- 17A Identity cards
- 18 Delegation by Director
PART 3 -- Complaints generally
Division 1 -- Right to complain conferred
- 19 Who may complain
- 20 Representatives of users
- 21 Representative not to be paid
- 22 Provider may complain for user
- 23 Complaints to public providers, referral under administrative instructions
- 24 Time limit for complaints
- 25 What complaints can be about
- 26 Complaints that must be rejected
Division 2 -- Initial procedures
- 27 How to complain
- 28 Referral of complaint where Act inapplicable
- 29 Withdrawal of complaint
- 30 User or carer must try to resolve matter
- 31 Complaints not dealt with by National Board under Health Practitioner Regulation National Law (Western Australia)
- 32A Notice that complaint being dealt with by National Board
- 32 Referral to other bodies
- 33 Director’s duties if complaint referred under s.
- 34 Preliminary assessment by Director
- 35 Notice to provider and others
- 36A Response by provider
- 36BA Protection of provider’s statements
PART 3A -- Settlement and conciliation of certain complaints
Division 1 -- Negotiated settlement
Division 2 -- Conciliation
- 36 Assignment of conciliator
- 37 Notice of referral for conciliation
- 38 Role of conciliator
- 39 Representation in conciliation process
- 40 Reports by conciliator
- 41 Parties may resolve complaint
- 42 Protection of statements made
- 43 Director’s duties after conciliator’s recommendation
PART 3B -- Investigations generally
- 44 Notice of investigation by Director
- 44A Director may conduct Director-initiated investigation
- 45 Further power to investigate
- 47 Conciliator must not investigate
- 48 Purpose of investigation, and procedure
PART 3C -- Remedial action
- 50 Remedial action where complaint justified
- 51 Provider must report on remedial action
- 52A Report to Parliament if report not made under s. 51 or remedial action not taken
PART 3D -- Interim prohibition orders, prohibition orders and interstate orders
Division 1 -- Interim prohibition orders
- 52B Director may make interim prohibition order
- 52C Notice of interim prohibition order
- 52D When interim prohibition order takes effect
- 52E Variation of interim prohibition order
- 52F Revocation of interim prohibition order
- 52G Offence for failure to comply with interim prohibition order
Division 2 -- Prohibition orders
- 52H Director may make prohibition order
- 52I Show cause process for prohibition orders
- 52J Notice of prohibition order
- 52K When prohibition order takes effect
- 52L Variation of prohibition order
- 52M Revocation of prohibition order
- 52N Offence for failure to comply with prohibition order
Division 3 -- Publication of information about orders
- 52O Publication of information about interim prohibition orders and prohibition orders
Division 4 -- Review by State Administrative Tribunal
- 52P Review of decisions to make interim prohibition orders and prohibition orders
Division 5 -- Interstate orders
- 52Q Offence for failure to comply with interstate order
PART 3E -- Public health warning statements relating to health care workers
- 52R Public health warning statements
- 52S Revoking public health warning statements
- 52T Correcting public health warning statements
- 52U Review of decision to publish public health warning statement
PART 3F -- Miscellaneous provisions relating to complaints, investigations and reports to Parliament
- 52 Director to stop proceedings in some cases
- 56 Reports to, and at request of, Parliament
- 57 Action if a House not sitting
- 58 Saving
PART 4 -- Director’s powers to obtain information and entry to premises
- 59 Restriction on powers
- 60 Power to summons and related powers
- 61 False statements
- 62 Failure to comply with notice or direction given under s.
- 63 Application for warrant to enter premises etc.
- 64 Issue of warrant
- 65 Execution of warrant
- 66 Offences relating to warrants
- 67 Information etc. that may be withheld
PART 5 -- General
- 68 Register of complaints
- 68A Disclosure of information to other Commonwealth, State or Territory entities
- 68B Disclosure to protect health or safety of users and other persons
- 69 Protection of Director etc. from personal liability
- 70 Protection of other persons
- 71 Confidentiality
- 71A Criminal record checks
- 72 False statements
- 73 Person not to be threatened etc. because of complaining to Director
- 74 Application of Parliamentary Commissioner Act 1971
- 75 Prescribed provider must give certain information
- 76 Prosecutions
- 77 Regulations
- 77A Codes of conduct
- 78 Transitional provision
- 79 Review of Act
- 79A Review of amendments made by Health and Disability Services (Complaints) Amendment Act 2022
- 80 Transitional provisions