HEALTH CARE COMPLAINTS ACT 1993 - As at 19 March 2024 - Act 105 of 1993

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Object and principle of administration of Act
• 3A Outline of role and principles of Commission and related government agencies in health care system
• 4 Definitions
• 5 Act binds the Crown
• 6 Notes in the text

PART 2 - COMPLAINTS

Division 1 - The right to complain

• 7 What can a complaint be made about?
• 8 Who may make a complaint?
• 9 How is a complaint made?

Division 2 - Liaising with registration authorities and professional councils

• 10 Notifying professional councils of complaints
• 11 Complaints made to professional councils
• 12 Consultation between the Commission, a professional council and the Registrar
• 13 The outcomes of consultation
• 14 Suspension of action by professional council
• 15 Provision of information to professional councils

Division 3 - Notification and withdrawal of complaints

• 16 Person against whom complaint made to be notified of complaint
• 16A Employer to be notified of complaint against employee
• 17 Health Secretary to be notified of complaint made against a health organisation
• 18 Can a complaint be withdrawn?

Division 4 - Assessment of complaints

• 19 Initial assessment of complaints
• 20 The purpose of assessment
• 20A Duty of Commission to review assessment of complaint
• 21 Commission may require further information
• 21A Power of Commission to obtain information, records and evidence
• 22 Time for completion of assessment
• 22A Associated complaints to be taken into account
• 23 Investigation of complaint
• 24 Referral of complaints for conciliation or complaint resolution
• 25 Notification of certain complaints to Health Secretary
• 25A Reference of complaints to be dealt with under inquiry powers of Health Secretary
• 25B Reference of complaints to be dealt with by professional councils
• 26 Reference of complaint to another person or body for investigation or other action
• 27 Circumstances in which Commission may discontinue dealing with complaint
• 28 Notice of action taken or decision made following assessment
• 28A Notification of other persons following assessment

Division 5 - Investigation of complaints

• 29 The purpose of investigation
• 29A Conduct of investigations
• 30 Expert assistance
• 31 Authorisation of persons to carry out investigations
• 32 Consent or search warrant required for residential premises
• 33 Powers of entry, search and seizure
• 34 Search warrant
• 34A Power of Commission to obtain information, records and evidence
35-37. (Repealed)
• 37A Protection from incrimination
• 38 Notification of findings of investigation to appropriate professional council

Division 6 - Outcomes of investigations into health practitioners

• 39 What action is taken after an investigation?
• 40 Opportunity for persons investigated to make submissions
• 41 Notification of results of investigations and review of decisions

Division 6A - Action against non-registered health practitioners

• 41AA Interim prohibition orders
• 41A Prohibition orders and public statements
• 41B Commission to provide details of its decision to make prohibition order
• 41C Administrative review by Civil and Administrative Tribunal
• 41D Commission to provide registration authorities and professional councils with details of interim prohibition orders and prohibition orders
• 41E Register of orders

Division 7 - Outcomes of investigations into health organisations

• 42 What action is taken at the end of an investigation?
• 43 Opportunity for health organisation investigated to make submissions
• 44 Implementation of report
• 45 Notification of results of investigation

Division 7A - Action against relevant health organisations

• 45A Definition
• 45B Interim prohibition orders
• 45C Prohibition orders and public statements
• 45D Commission to provide details of decision to make prohibition order
• 45E Administrative review by Civil and Administrative Tribunal
• 45F Register of orders

Division 8 - Conciliation

• 46 Appointment of conciliators
• 47 Notification of arrangements for conciliation
• 48 Conciliation to be voluntary
• 49 Role of conciliator
• 50 Assistance to parties at conciliation
• 51 Confidentiality of the conciliation process
• 52 Conclusion of the conciliation process
• 53 Preparation and distribution of report on conclusion of conciliation process
• 54 Furnishing of other information to Registrar concerning conciliation process
• 55 Six-monthly reports to professional councils
• 56 Complaint may be referred for investigation
• 57 Health Conciliation Registry and conciliators to be independent in dealing with complaints
• 58 Offence for conciliator or staff of Health Conciliation Registry to disclose information obtained in conciliation
• 58A Offence of concealing a serious offence

Division 9 - Complaints resolution

• 58B Objects of Commission under this Division
• 58C Function of Commission under this Division
• 58D Participation in complaints resolution process to be voluntary

PART 3 - OTHER INVESTIGATIONS BY THE COMMISSION

• 59 Investigation of health services
• 60 Health Secretary to be notified of proposed investigation
• 61 Application of investigative powers for the purposes of this Part
• 62 Report to Health Secretary and Minister following investigation
• 63 Special report to Parliament

PART 3A - ASSESSMENT OF COMPLIANCE WITH RELEVANT MATTER

• 63A Definition
• 63B Compliance with relevant matter
• 63C Authorisation of persons to assess compliance
• 63D Consent or search warrant required for residential premises
• 63E Powers of entry, search and seizure
• 63F Search warrant
• 63G Power of Commission to obtain information, records and evidence

PART 4 - PARLIAMENTARY JOINT COMMITTEE

• 64 Constitution of Joint Committee
• 65 Functions
• 66 Power to veto proposed appointment of Commissioner
• 67 Membership
• 68 Vacancies
• 69 Chair and Deputy Chair
• 70 Procedure
• 70A Reporting when Parliament not in session
• 71 Evidence
• 72 Confidentiality
• 73 Application of certain Acts
• 74 Validity of certain acts or proceedings

PART 5 - HEALTH CARE COMPLAINTS COMMISSION

• 75 The Commission
• 76 Appointment of Commissioner
77. (Repealed)
• 78 Veto of proposed appointment as Commissioner
• 79 Acting Commissioner
• 80 Functions of Commission
• 81 Ministerial control
82. (Repealed)
• 83 Financial year
• 84 Delegation of functions

PART 6 - HEALTH CONCILIATION REGISTRY

• 85 Health Conciliation Registry
• 86 Functions of Health Conciliation Registry
• 87 Registrar of Health Conciliation Registry
• 88 Staff of Health Conciliation Registry
• 89 Conciliators
• 90 Functions of conciliators

PART 6A - DIRECTOR OF PROCEEDINGS

• 90A Director of Proceedings
• 90B Functions of Director of Proceedings
• 90C Criteria relevant to determinations of Director of Proceedings
• 90CA Notice of determination
• 90D Independence of Director of Proceedings
• 90E Delegation of functions

PART 7 - MISCELLANEOUS

• 91 Recommendations to have regard to available resources
• 92 General standards of clinical practice
• 92A Expedition of certain matters
• 93 Inconsistency between this Act and the Health Practitioner Regulation National Law (NSW)
• 94 Consultation between Commission and Health Secretary
• 94A Warnings about unsafe treatments, health services or health service providers
• 94B Publication of information about decisions and de-registered practitioners
• 94C Protection from liability for certain publications
• 95 Annual report
• 96 Exoneration from liability
• 97 Pending legal proceedings do not prevent exercise of certain functions
• 97A Offence--obstructing an authorised person or providing false information
• 97B Offence--impersonating an authorised person
• 98 Offence: intimidation or bribery of complainants
• 99 Offence: furnishing false or misleading information to the Commission
• 99A Offence: improper disclosure of information
• 99B Disclosure of information to certain persons or bodies
• 100 Proceedings for offences
• 101 Regulations
102. (Repealed)
• 103 Savings, transitional and other provisions
• 103A Application of Ombudsman Act 1974
• 104 Review of Act
105. (Repealed)
• SCHEDULE 1
• SCHEDULE 1A
• SCHEDULE 2
Schedule 3 (Repealed)
• SCHEDULE 4
Schedule 5 (Repealed)