Victorian Current Acts

HEALTH COMPLAINTS ACT 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  

           Division 2--Procedure when a complaint is made to the Commissioner

   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.

   21.     Decision to deal with a refused complaint  

           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  

           Division 2--Conciliation

   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  
   91A.    Show cause process  
   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  
   95A.    Show cause process  
   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

   154.    General code of conduct  

           Division 3--Criminal record check

   155.    Criminal record check  

           Division 4--General matters and regulations

   156.    Method of service  
   156A.   Power to bring proceedings  
   157.    Review of Act  
   158.    Regulations  

   PART 14--TRANSITIONAL PROVISIONS

   159.    Transitional provision for repeal of Health Services (Conciliation and Review) Act 1987  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES