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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 2018
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
5Amendment of section
3—Objects
6Amendment of section
4—Interpretation
7Amendment of section
9—Functions
8Amendment of section 24—Who may
complain
9Amendment of section 25—Grounds on which
a complaint may be made
10Amendment of heading to Part 6 Division
5
11Amendment of section 56A—Codes of
conduct
12Amendment of section 56B—Interim
action
13Amendment of section 56C—Commissioner
may take action
14Amendment of section 56D—Commissioner to
provide details
56EARequirement to
comply with interstate orders in this State
17Amendment of section 75—Preservation of
confidentiality
18Amendment of section 76—Returns by
prescribed providers
19Amendment 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 2018.
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
Long title—delete "users" and substitute:
consumers
5—Amendment
of section 3—Objects
Section 3(b)—delete "users" and substitute:
consumers
6—Amendment
of section 4—Interpretation
(1) Section 4(1)—after the definition of community
service insert:
community service consumer means a person who uses or
receives, or who is seeking to use or receive, a community service;
(2) Section 4(1), definition of community service
user—delete the definition
(3) Section 4(1), definition of confidential information,
(a), (b) and (c)—delete "user" wherever occurring and substitute in each
case:
consumer
(4) 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;
(5) Section 4(1)—after the definition of health
service insert:
health service consumer means a person who uses or receives,
or who is seeking to use or receive, a health service;
(6) Section 4(1), definition of health service
user—delete the definition
(7) Section 4(1), definition of registration law,
(c)—delete paragraph (c)
7—Amendment
of section 9—Functions
(1) Section 9(1)(f)—delete "users" and substitute:
consumers
(2) Section 9(1)(k)(iii)—delete "users" and substitute:
consumers
8—Amendment
of section 24—Who may complain
(1) Section 24—delete "(a health or community service
user)" and substitute:
(a health or community service consumer)
(2) Section 24—delete "health or community service user" wherever
occurring and substitute in each case:
health or community service consumer
(3) Section 24(g)—delete "on behalf of the user" and
substitute:
on behalf of the health or community service consumer
9—Amendment
of section 25—Grounds on which a complaint may be
made
(1) Section 25(1)(e)—delete "user" and substitute:
consumer
(2) Section 25(1)(f)—delete "user's" and substitute:
consumer's
(3) Section 25(1)(g)—delete "user" wherever occurring and substitute
in each case:
consumer
(4) Section 25(1)(g)(iii)—delete "user's" and substitute:
consumer's
(5) Section 25(1)(h)—delete "user" wherever occurring and substitute
in each case:
consumer
(6) Section 25(1)(h)—delete "user's" wherever occurring and
substitute in each case:
consumer's
(7) Section 25(1)(i)—delete "user" and substitute:
consumer
(8) Section 25(1)(j)—delete "user" and substitute:
consumer
(9) Section 25(3)—delete "user" wherever occurring and substitute in
each case:
consumer
(10) Section 25(5)—after "(as the case may be) and"
insert:
, subject to subsection (6),
(11) 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 if, in the circumstances—
(a) a code of conduct under section 56A 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.
10—Amendment
of heading to Part 6 Division 5
Heading to Part 6 Division 5—delete "unregistered health
practitioners" and substitute:
certain health service providers
11—Amendment
of section 56A—Codes of conduct
(1) Section 56A(1)—delete subsection (1) and substitute:
(1) The Governor may, by regulation, prescribe 1 or more codes of conduct
relating to the following:
(a) the provision of health services by persons who are not registered
service providers;
(b) the provision of health services by persons who are registered service
providers and who provide health services that are unrelated to their
registration.
(2) Section 56A—after subsection (2) insert:
(2a) A regulation under this section prescribing a code of conduct may
refer to or incorporate, wholly or partially and with or without modification, a
code, standard or other document prepared or published by a prescribed body,
either as in force at the time the regulations are made or as in force from time
to time.
12—Amendment
of section 56B—Interim action
(1) Section 56B(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) The Commissioner may act under this section if—
(a) an investigation has been commenced under this Part in relation to a
person who has provided a health service; and
(b) the Commissioner has a reasonable belief that the person
has—
(i) breached a prescribed code of conduct under section 56A that applies
to the person; or
(ii) committed a prescribed offence; and
(c) in the opinion of the Commissioner action under this section is
necessary to protect the health or safety of members of the public.
(2) The Commissioner may, in acting under this section in relation to a
person—
(a) make an order prohibiting the person from doing 1 or more of the
following for a period of 12 weeks or such 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); and
(b) make an order imposing such conditions as the Commissioner considers
appropriate on the provision of health services, or specified health services,
by the person for a period of 12 weeks or shorter period as may be specified in
the order; and
(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.
(2) Section 56B(3)—after "order" insert:
or public statement
(3) Section 56B(4)—delete "prescribed health service provider" and
substitute:
person to whom the order relates
13—Amendment
of section 56C—Commissioner may take action
(1) Section 56C(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) The Commissioner may act under this section if—
(a) an investigation has been carried out under this Part in relation to a
person who has provided a health service; and
(b) the Commissioner is satisfied that the person has—
(i) breached a prescribed code of conduct under section 56A that applies
to the person; or
(ii) been found guilty of a prescribed offence; and
(c) in the opinion of the Commissioner the person poses an unacceptable
risk to the health or safety of members of the public in providing health
services.
(2) The Commissioner may, in acting under this section in relation to a
person—
(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); and
(b) make an order imposing such conditions as the Commissioner considers
appropriate on the provision of health services, or specified health services,
by the person for a specified period, or indefinitely; and
(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.
14—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.
16—Amendment
of section 74—Protection of identity of service consumer or complainant
from service provider
Section 74—delete "user" and substitute:
consumer
17—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
18—Amendment
of section 76—Returns by prescribed providers
Section 76(3)—delete "users" and substitute:
consumers
19—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.