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HEALTH QUALITY AND COMPLAINTS COMMISSION ACT 2006 NO. 25
TABLE OF PROVISIONS
Contents
CHAPTER 1--PRELIMINARY
1. Short title
2. Commencement
3. Main objects
4. Act binds all persons
5. Contravention of this Act does not create civil cause of action
6. Act does not affect other rights or remedies
7. Dictionary
8. Meaning of health service
9. Meaning of provider
10. Meaning of user
CHAPTER 2--ESTABLISHMENT, INDEPENDENCE, FUNCTIONS AND POWERS OF COMMISSION
11. Establishment of commission
12. Commission's independence
13. Commission's functions—health service complaints
14. Commission's functions—quality of health services
15. Commission's functions—information
16. Commission's other functions
17. Cooperation with other entities
18. Commission's powers
19. Commission's procedures informal
CHAPTER 3--QUALITY OF HEALTH SERVICES
20. Duty of provider
21. Commission may ask provider for information
22. Commission may make standards
23. Consideration of provider's compliance with s 20(1)
24. Action by commission for contravention of s 20(1)
25. Show cause notice
26. Representations about show cause notice
27. Ending show cause process without further action
28. Finalising report under s 24(1)(b)
29. Finalising report under s 24(1)(b) without giving show cause notice
30. When Minister must table report
CHAPTER 4--DEVELOPMENT OF CODE OF HEALTH RIGHTS AND RESPONSIBILITIES
31. Code of Health Rights and Responsibilities
32. Consultation on code
33. Content of code
34. Principles relating to content of code
CHAPTER 5--HEALTH COMPLAINTS
Part 1--Interpretation
35. Types of health complaints
36. Meaning of health quality complaint
37. Meaning of health service complaint
Part 2--Making health complaints
Division 1--Who may make health quality complaints
38. Who may complain
39. Health quality complaint about matter happening before commencement
Division 2--Who may make health service complaints
40. Who may complain
41. Representative health service complaint
42. Health service complaint about matter happening before commencement
43. Substitution of complainant
44. Health service complaints about persons who are no longer registered providers
Division 3--Process for making health complaints
45. How to make a health complaint
46. Oral complaints to be confirmed in writing
47. Complainant to reveal identity
48. Further information from complainant
49. Commission may require oath or statutory declaration
Part 3--Dealing with health quality complaints
50. How commission must deal with a health quality complaint
51. Dealing with quality matter as health service complaint
Part 4--Dealing with health service complaints
Division 1--Early resolution of health service complaints
52. Early resolution
Division 2--Assessment of health service complaints
53. Commission to immediately assess each health service complaint
54. Notice of decision to assess health service complaint
55. Submissions about health service complaint
56. Power to require information
57. Consultation with registration board
58. Time limit on assessment
59. Decision on assessment of health service complaint
60. Notice of assessment decision
Division 3--Action on acceptance of health service complaints
61. Action on acceptance of complaint about provider
62. Matters about conciliation
Division 4--Decisions not to take action on health service complaints
63. When commission must decide not to take action
64. When commission may decide not to take action
65. Withdrawal of complaint
Division 5--When commission must refer health service complaints to registration boards
66. Referral to registration board in public interest
Division 6--Other matters
67. Commission may deal with complaint as 2 or more complaints
68. Registration board may delegate function under s 57
69. Reports by certain entities
70. Use of health service complaint information for quality functions
71. General powers to gather information and facilitate resolution of complaints
CHAPTER 6--CONCILIATION
72. Conciliator's function exclusive
73. Commission officer not to conciliate and investigate same health service complaint
74. Conciliation function
75. Public interest
76. Action by commission on becoming aware of public interest issue
77. Progress reports from conciliator
78. Results report from conciliator
79. Enforceable agreement
80. Action on report of unsuccessful conciliation
81. Ending conciliation by commission
82. Conciliation privileged
83. Confidentiality of conciliation
84. Professional mentor
85. Administrative support staff
CHAPTER 7--INVESTIGATIONS BY COMMISSION
Part 1--Commission's investigations
86. Commission's investigations
Part 2--Referral of matter to other entity
87. Referral to another entity
88. Investigation by other entity
89. Commission's powers not affected by reference
Part 3--Action on investigation
90. Definitions for pt 3
91. Commission's report about investigation
92. To whom report may be given
Part 4--Conciliation after investigation
93. Conciliation of investigated health service complaint
CHAPTER 8--INQUIRIES BY COMMISSION
94. Commission may conduct an inquiry
95. Commission must conduct inquiry if directed by Minister
96. Constitution of commission for inquiry
97. Who is to preside at inquiry
98. Commission must be assisted by lawyer
99. Procedure
100. Notice of inquiry
101. Inquiry to be held in public other than in special circumstances
102. Suppression of name of witness
103. Protection of commission members, representatives and witnesses
104. Record of proceedings to be kept
105. Commission's powers on inquiry
106. Notice to witness
107. Notice requiring information
108. Inspection of records or other things
109. Offences by witnesses
110. Contempt of commission
111. Change or absence of inquiry member
112. Report by commission
113. Minister must table report
CHAPTER 9--MONITORING, ENFORCEMENT AND INVESTIGATIONS
Part 1--Authorised persons' functions and powers generally
114. Functions of authorised person
115. Powers of authorised person
Part 2--Appointment of authorised persons
116. Appointment
117. Appointment conditions and limit on powers
118. Issue of identity card
119. Production or display of identity card
120. When authorised person ceases to hold office
121. Resignation
122. Return of identity card
Part 3--Powers of authorised persons
Division 1--Power to obtain information
123. Power to require information or attendance
124. Offences
125. Inspection of produced things
Division 2--Entry of places
126. Power to enter places
Division 3--Procedure for entry
127. Entry with consent
128. Application for warrant
129. Issue of warrant
130. Application by electronic communication and duplicate warrant
131. Defect in relation to a warrant
132. Warrants—procedure before entry
Division 4--Powers after entry
133. General powers after entering places
134. Exercise of general powers
135. Failure to help authorised person
Division 5--Power to seize evidence
136. Seizing evidence at a place that may be entered without consent or warrant
137. Seizing evidence at a place that may only be entered with consent or warrant
138. Receipt for seized things
139. Forfeiture of seized thing
140. Dealing with forfeited things etc.
141. Access to seized things
142. Return of seized things
Division 6--Compensation
143. Notice of damage
144. Compensation
Division 7--General enforcement matters
145. Obstructing authorised person
146. Impersonation of authorised person
CHAPTER 10--MATTERS CONCERNING THE COMMISSION
Part 1--Membership
147. Membership of commission
148. Commissioner
149. Assistant commissioners
150. Ineligibility for appointment as commission member
151. Term and conditions of appointment
152. Vacancy in commission member's office
153. Removal or suspension of commission member
154. Grant of leave to commission member
155. Filling vacancies
Part 2--Commission business
156. Conduct of business
157. Presiding at meetings
158. Times and places of meetings
159. Quorum for meetings
160. Conduct of meetings
161. Minutes
162. Disclosure of interest
Part 3--Ministers powers to give directions
163. Minister may direct inquiry
164. Other directions by Minister
Part 4--Other matters
165. Commission's relationship with the State
166. Delegation by the commission
167. Preservation of rights
168. Superannuation for commission member who was previously a public service officer
169. Committees
170. Nomination of persons for membership of district health councils
171. Application of various public sector Acts
172. Annual report
173. Special report
CHAPTER 11--OFFICE OF THE HEALTH QUALITY AND COMPLAINTS COMMISSION
Part 1--Establishment
174. Establishment of office
Part 2--Office's function and powers
175. Function and powers
176. Status
Part 3--Chief executive officer
177. Appointment of chief executive officer
178. Conditions of appointment
179. Function of chief executive
180. Chief executive must act independently etc.
181. Delegation by chief executive
182. Resignation
183. Ending of appointment
184. Acting chief executive
185. Preservation of rights
186. Superannuation for chief executive who was previously a public service officer
Part 4--Other staff of the office
187. Other commission staff
CHAPTER 12--REGISTRATION BOARDS
188. Information from registration board
189. Registration board may ask commission for information
190. Commission may intervene in disciplinary proceedings
CHAPTER 13--OFFENCES AND PROCEEDINGS
191. False or misleading statements
192. False or misleading records
193. Reprisal and grounds for reprisals
194. Offence for taking reprisal
195. Damages entitlement for reprisal
196. Summary offences
197. Limitation on time for starting proceedings for summary offence
198. Proceedings for indictable offences
199. Limitation on who may summarily hear indictable offence
200. Allegations of false or misleading information or records
201. Appointments and authority
202. Signatures
203. Other evidentiary aids
CHAPTER 14--OTHER MATTERS
204. Verifying information
205. Response to adverse comments in commission report
206. Dispensing with notice or opportunity to make submissions
207. Commission may give combined notice
208. Failure by commission to give notice or make assessment
209. Form of consultation between commission and registration board
210. Commission may provide information
211. Investigation etc. despite proceedings
212. Giving of information protected
213. Reports privileged
214. Preservation of confidentiality
215. Protecting officials from liability
216. Review by committee of the Legislative Assembly
217. Regulations
CHAPTER 15--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal
218. Repeal of Health Rights Commission Act 1991
Part 2--Transitional provisions
219. Definitions for pt 2
220. References to repealed Act or former commission
221. Assets and liabilities etc.
222. Officers of former commission
223. Former commission's records
224. Proceedings
225. Health service complaints
226. Direction of Minister given under repealed Act
227. Offences
228. Things seized
229. Former commission's annual report for 2005-2006
230. Amendment of regulation by Act
231. Transitional regulation-making power
CHAPTER 16--AMENDMENT OF HEALTH SERVICES ACT 1991
232. Act amended in ch 16
233. Amendment of s 2 (Definitions)
234. Amendment of s 10 (Appointment of members)
235. Amendment of s 17 (Times and places of meetings)
236. Amendment of s 22 (Managers for districts)
237. Insertion of new s 23A
238. Amendment of s 24 (Appointment of health service employees)
239. Insertion of new s 62LA
240. Insertion of new pt 9, div 6
CHAPTER 17--AMENDMENT OF OTHER LEGISLATION
241. Amendment of legislation
SCHEDULE 1 HEALTH SERVICES
SCHEDULE 2 REGISTRATION BOARDS
SCHEDULE 3 CONSEQUENTIAL AMENDMENTS
SCHEDULE 4 OTHER AMENDMENTS
SCHEDULE 5 DICTIONARY
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