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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Health and Community Services Complaints (Miscellaneous)
Amendment Bill 2017
A BILL FOR
An Act to amend the
Health
and Community Services Complaints Act 2004
.
Contents
Part 2—Amendment of Health and
Community Services Complaints Act 2004
4Amendment of section
4—Interpretation
5Amendment of section 25—Grounds on which a
complaint may be made
6Amendment of section 56B—Interim
action
7Amendment of section 56C—Commissioner may
take action
8Amendment of section 56D—Commissioner to
provide details
56EARequirement to
comply with interstate orders in this State
10Amendment of section 75—Preservation of
confidentiality
11Amendment of section 77—Returns by
registration authorities and prescribed bodies
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Health and Community Services Complaints
(Miscellaneous) Amendment Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Health and Community Services Complaints
Act 2004
4—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of confidential
information insert:
corresponding law means a law, or part of a law, of a State
or a Territory of the Commonwealth declared by the regulations to be a
corresponding law for the purposes of this Act;
(2) Section 4(1), definition of registration law,
(c)—delete paragraph (c)
5—Amendment
of section 25—Grounds on which a complaint may be
made
(1) Section 25(5)—after "(as the case may be) and" insert:
, subject to subsection (6),
(2) Section 25—after subsection (5) insert:
(6) Despite subsection (5), a volunteer may be required to participate in
proceedings under this Act and may be the subject of the exercise of power under
Part 6 Division 2 if, in the circumstances—
(a) a code of conduct under section 56A(1) applies in respect of the
volunteer; and
(b) the Commissioner is satisfied that conduct of the volunteer poses or
has posed a risk to the health or safety of members of the public.
6—Amendment
of section 56B—Interim action
(1) Section 56B(1)(a)—delete "under this Part,"
(2) Section 56B(1)(a)—delete " (a prescribed health service
provider)"
(3) Section 56B(1)(b)—delete "prescribed health service provider"
and substitute:
person
(4) Section 56B(2)—delete "prescribed health service provider"
wherever occurring and substitute in each case:
person
(5) Section 56B(2)(a)—delete paragraph (a) and substitute:
(a) make an order prohibiting the person from doing 1 or more of the
following for a period of 12 weeks or shorter period as may be specified in the
order:
(i) providing health services or specified health services;
(ii) offering, advertising or otherwise promoting health services or
specified health services (including where those services may be provided by
another person);
(iii) holding themselves out or otherwise promoting themselves as a
provider of health services or specified health services;
(iv) providing advice in relation to the provision of health services or
specified health services (including where those services may be provided by
another person);
(6) Section 56B(2)—after paragraph (b) insert:
(c) publish a public statement, in a manner determined by the
Commissioner, identifying the person and giving warnings or such other
information as the Commissioner considers appropriate in relation to the health
services, or specified health services, provided by the person.
(7) Section 56B(3)—after "order" insert:
or public statement
(8) Section 56B(4)—delete "prescribed health service provider" and
substitute:
person to whom the order relates
7—Amendment
of section 56C—Commissioner may take action
(1) Section 56C(1)(a)—delete "under this Part"
(2) Section 56C(1)(a)—delete " (a prescribed health service
provider)"
(3) Section 56C(1)(b)—delete "prescribed health service provider"
and substitute:
person
(4) Section 56C(1)(c)—delete "prescribed health service provider"
and substitute:
person
(5) Section 56C(1)(c)—after "public" insert:
in the provision of health services
(6) Section 56C(2)—delete "prescribed health service provider"
wherever occurring and substitute in each case:
person
(7) Section 56C(2)(a)—delete paragraph (a) and substitute:
(a) make an order prohibiting the person from doing 1 or more of the
following for a specified period or indefinitely:
(i) providing health services or specified health services;
(ii) offering, advertising or otherwise promoting health services or
specified health services (including where those services may be provided by
another person);
(iii) holding themselves out or otherwise promoting themselves as a
provider of health services or specified health services;
(iv) providing advice in relation to the provision of health services or
specified health services (including where those services may be provided by
another person);
8—Amendment
of section 56D—Commissioner to provide details
(1) Section 56D(1)—after "takes any action" insert:
against a person
(2) Section 56D(1)—delete "prescribed health service provider" and
substitute:
person
After section 56E insert:
56EA—Requirement to comply with interstate orders
in this State
(1) A person commits an office if—
(a) an interstate order is in force in respect of the person;
and
(b) the person engages in conduct in this State that would constitute a
contravention of the interstate order if it occurred in the jurisdiction in
which the order is in force.
Maximum penalty: $10 000 or imprisonment for 2 years or both.
(2) In this section—
conduct includes an act or omission;
interstate final order means an order, or order of a type,
made under a corresponding law that is declared by the regulations to be an
interstate final order for the purposes of this section;
interstate interim order means an order, or order of a type,
made under a corresponding law that is declared by the regulations to be an
interstate interim order for the purposes of this section;
interstate order means an interstate interim order or an
interstate final order.
10—Amendment
of section 75—Preservation of confidentiality
Section 75(1)—after paragraph (b) insert:
(ba) when necessary for the purposes of a corresponding law; or
11—Amendment
of section 77—Returns by registration authorities and prescribed
bodies
(1) Section 77(1)—delete "A registration authority" and
substitute:
A body to which this section applies
(2) Section 77(1)(a)—delete "registration authority " and
substitute:
body
(3) Section 77(3)—delete "registration authorities" and
substitute:
bodies to which this section applies
(4) Section 77—after subsection (4) insert:
(5) This section applies to the following bodies:
(a) a registration authority;
(b) a body prescribed by the regulations for the purposes of this
section.