Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A complaint must
allege that one or more of the following has occurred —
(a) a
public provider has acted unreasonably by not providing a health service for
the user;
(b) a
provider has acted unreasonably in the manner of providing a health service
for the user;
(c) a
provider has acted unreasonably in providing a health service for the user;
(d) a
provider has acted unreasonably by denying or restricting the user’s
access to records kept by the provider and relating to the user;
(e) a
provider has acted unreasonably in disclosing or using the user’s health
records or confidential information about the user;
(f) a
manager has acted unreasonably in respect of a complaint made to an
institution by a user about a provider’s action which is of a kind
mentioned in paragraphs (a) to (e) by —
(i)
not properly investigating the complaint or causing it to
be properly investigated; or
(ii)
not taking, or causing to be taken, proper action on the
complaint;
(g) a
provider has —
(i)
acted unreasonably by charging the user an excessive fee;
or
(ii)
otherwise acted unreasonably with respect to a fee;
(h) a
provider that is an applicable organisation as defined in section 4 of
the Carers Recognition Act 2004 has failed to comply with the Carers
Charter as defined in that section.
(2) In
subsection (1)(f) —
manager means a person who comes within
paragraph (b) of the definition of “provider” in
section 3(1) or the chief executive officer of the Health Department as
mentioned in paragraph (c) of that definition.
[Section 25 amended by No. 37 of 2004
s. 33; No. 28 of 2006 s. 259.]