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PARLIAMENT OF VICTORIA
Healthcare Quality Commissioner Bill 2014
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 Health care principles 6
PART 2--MAKING COMPLAINTS 8
Division 1--Scope of complaints 8
5 Complaint by person who received or sought health care 8
6 Time for making complaint 9
7 Complaint about health care received or sought by another
person 10
8 Time for making complaint for other person 11
9 Consent of other person to making of complaint 12
10 Complaint by carer 12
11 Time for carer to make complaint 13
Division 2--Procedure for making complaints 14
12 Complaint may be either oral or in writing 14
13 Acknowledgement of complaint 14
14 Commissioner to assist persons to make complaints 15
PART 3--DEALING WITH COMPLAINTS 16
Division 1--Parties 16
15 Who are parties to a complaint? 16
Division 2--Initial consideration 16
16 Informal negotiation of complaint 16
17 Accepting complaints 17
18 Grounds for not accepting complaints 17
19 Commissioner may interview or require further information
before accepting complaint 18
20 Formal description of complaint 18
21 Alteration or variation of description of complaint 19
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22 Copy of description of complaint to be given to healthcare
provider 19
23 Commissioner may seek more information 19
24 Referral of complaint if another Act applies 20
25 Complaint to which National Law may also apply 20
26 Commissioner to notify referral of complaint 21
Division 3--Complaint resolution process 22
27 Decision as to use of complaint resolution process 22
28 Notification of decision 23
29 Healthcare provider may be required to respond 23
30 Healthcare provider may be required to produce documents in
conciliation process 24
31 Commissioner's power to extend time limits 25
32 Confidentiality of information given in conciliation process 25
33 Outcome of complaint resolution process 26
34 Reporting on undertakings to commissioner 26
Division 4--Investigation of complaints 27
35 Investigation of complaints 27
36 Notice of complaint investigation 28
37 Principles applying to all complaint investigations 28
38 Requirements if there is no hearing 29
39 Requirements if there is a hearing 29
40 Commissioner's report on a complaint investigation 30
41 Persons to whom report to be given 30
42 Response by healthcare provider 31
Division 5--Dividing, combining, closing, withdrawing etc.
complaints 32
43 Commissioner may divide, combine etc. complaints 32
44 Closing and reopening a complaint 33
45 Withdrawal of complaint 34
46 Effect of withdrawal of complaint 34
PART 4--FURTHER INVESTIGATIONS 36
Division 1--Code of conduct investigations 36
47 Power of commissioner to conduct code of conduct
investigation 36
48 Notice of investigation 36
49 Principles applying to all code of conduct investigations 36
50 Requirements if there is no hearing 37
51 Requirements if there is a hearing 37
52 Commissioner's report on code of conduct investigation 38
53 Persons to whom report to be given 39
54 Response by healthcare provider 39
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Division 2--Investigations by commissioner on referral by Minister 40
55 Power to investigate matter referred by Minister 40
56 Notice of referral investigation 40
57 Principles applying to all referral investigations 41
58 Requirements if there is no hearing 41
59 Requirements if there is a hearing 42
60 Commissioner's report on referral investigation 42
61 Persons to whom report to be given 43
62 Response by healthcare provider 43
Division 3--Complaint data investigations 44
63 Power of commissioner to conduct complaint data
investigations 44
64 Notice of complaint data investigation 44
65 Principles applying to all complaint data investigations 45
66 Requirements for complaint data investigation 45
67 Commissioner's report on complaint data investigation 46
68 Response by healthcare provider 46
Division 4--Follow-up investigations 47
69 Power of commissioner to conduct a follow-up investigation 47
70 Commencement of follow-up investigation 47
71 Notice of follow-up investigation 48
72 Principles applying to all follow-up investigations 48
73 Requirements if there is no hearing 49
74 Requirements if there is a hearing 49
75 Commissioner's report on follow-up investigation 50
76 Persons to whom report to be given 51
77 Response by healthcare provider 52
PART 5--GENERAL MATTERS AS TO INVESTIGATIONS 53
Division 1--Definition 53
78 Definition 53
Division 2--Investigative powers 53
79 Authorised persons 53
80 Authorised persons' identification 53
81 Search warrants 53
82 Announcement before entry 55
83 Details of warrant to be given to occupier 55
84 Offence to hinder or obstruct person executing warrant 55
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Division 3--Power of commissioner as to production of documents
and things and obtaining evidence 56
85 Definition 56
86 Power to compel the production of documents and things or
attendance of witnesses 56
87 Variation of commissioner hearing notice 57
88 Power to take evidence on oath or affirmation 58
89 Powers in relation to documents and things 58
Division 4--Protection for persons acting under this Act 59
90 Compellability of commissioner 59
91 Protection of participants 59
92 Protection for people making a complaint 60
PART 6--NOTICES AND ORDERS 61
Division 1--Identifying notices 61
93 Public health and safety notices 61
94 General health care service notices 62
95 Failure to give written response 64
Division 2--Interim prohibition orders 64
96 Interim prohibition order 64
97 Matters to be considered for making interim prohibition order 65
98 Offence for contravention of interim prohibition order 66
99 Revocation of interim prohibition order 66
100 Publication of information as to interim prohibition order 67
Division 3--Prohibition orders 67
101 Prohibition order 67
102 Matters to be considered for making prohibition order 68
103 Offence for contravention of prohibition order 68
104 Variation and revocation of prohibition order 69
105 Publication of information as to prohibition order 69
106 Application for VCAT review of decision to impose prohibition
order 70
Division 4--Interstate prohibition 70
107 Offence to provide certain services if prohibited from doing so
in another State or Territory 70
PART 7--INQUIRIES 71
108 Power to inquire into referred health care matters 71
109 Conduct of inquiry 71
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PART 8--THE COMMISSIONER 72
Division 1--Appointment, functions and general powers 72
110 Establishment 72
111 Appointment 72
112 Remuneration and allowances 72
113 Terms and conditions of appointment 72
114 Acting appointment 73
115 Vacancy, resignation 73
116 Removal from office 74
117 Validity of decisions 74
118 Assistant Healthcare Quality Commissioner 75
119 Functions and powers of the commissioner 75
120 Delegation 76
121 Staff 76
122 Protection from liability for commissioner 77
Division 2--Performance of commissioner 77
123 Guiding principles of the commissioner 77
124 Strategic plan 78
125 Preparation of practice protocol 78
126 Approval of practice protocol 79
127 Publication of approved practice protocol 79
128 Review of practice protocol 79
Division 3--Information gathering, reports and standards 80
129 Power to require information to be given 80
130 Making public a report or findings 81
131 Interim complaint handling standards 81
132 Standards for complaint handling 81
133 Governor in Council may make standards 82
134 Date on which standards take effect 83
135 Review of standards--amendment or revocation 83
136 Annual reports 83
PART 9--HEALTHCARE QUALITY COUNCIL 85
137 Establishment of the Healthcare Quality Council 85
138 Membership of the council 85
139 Terms and conditions of office 85
140 Quorum and proceedings 85
141 Resignation and removal 86
142 Effect of a vacancy or defect 87
143 Functions of the Healthcare Quality Council 87
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PART 10--GENERAL 88
Division 1--Health complaints officers 88
144 Requirement for health complaints officers 88
Division 2--Disclosure of information 88
145 Commissioner may give information or copies of orders to
other bodies or jurisdictions 88
146 Non-disclosure of information--investigations 89
147 Non-disclosure of information--complaint resolution processes 90
148 Non-disclosure of information given in conciliation process 91
149 Non-disclosure of complainant 91
Division 3--Protections and representation 92
150 Protection against self-incrimination 92
151 Legal professional privilege and client legal privilege 92
152 Representation 93
Division 4--Offences 93
153 Offence to threaten etc. complainant 93
154 Offence to make false statements 94
Division 5--General 94
155 Method of service 94
156 Regulations 94
157 Review of Act 95
PART 11--REPEALS, TRANSITIONALS AND
CONSEQUENTIAL AMENDMENTS 96
158 Repeal of Health Services (Conciliation and Review)
Act 1987 96
159 Consequential and other amendments 96
160 Transitional provision for repeal of Health Services
(Conciliation and Review) Act 1987 96
161 Repeal of spent amending provisions 97
__________________
SCHEDULES 98
SCHEDULE 1--Interim complaint handling standards 98
SCHEDULE 2--Consequential and Other Amendments 99
1 Cancer Act 1958 99
2 Commission for Children and Young People Act 2012 99
3 Corrections Act 1986 99
4 Crimes Act 1958 100
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5 Disability Act 2006 100
6 Freedom of Information Act 1982 100
7 Health Practitioners (Special Events Exemption) Act 1999 101
8 Health Records Act 2001 101
9 Health Services Act 1988 119
10 Information Privacy Act 2000 120
11 Mental Health Act 2014 120
12 Ombudsman Act 1973 120
13 Protected Disclosure Act 2012 120
14 Public Administration Act 2004 120
15 Public Health and Wellbeing Act 2008 121
16 Radiation Act 2005 121
17 Serious Sex Offenders (Detention and Supervision)
Act 2009 121
18 Victims of Crime Assistance Act 1996 122
19 Victorian Civil and Administrative Tribunal Act 1998 122
ENDNOTES 123
571259B.I-2/9/2014 vii BILL LA INTRODUCTION 2/9/2014
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Healthcare Quality Commissioner Bill
2014
A Bill for an Act to provide for a complaints process and other
processes about health care provision and related matters, to establish
the Healthcare Quality Commissioner and the Healthcare Quality
Council, to repeal the Health Services (Conciliation and Review)
Act 1987, to make minor and consequential amendments to other Acts
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to provide for a complaints process and other
5 processes about health care provision and
related matters; and
571259B.I-2/9/2014 1 BILL LA INTRODUCTION 2/9/2014
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Part 1--Preliminary
s. 2
(b) to establish the Healthcare Quality
Commissioner and the Healthcare Quality
Council; and
(c) to repeal the Health Services (Conciliation
5 and Review) Act 1987; and
(d) to make minor and consequential
amendments to other Acts; and
(e) to provide for related matters.
2 Commencement
10 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2015, it comes into
operation on that day.
15 3 Definitions
(1) In this Act--
acknowledged complaint means a complaint the
receipt of which is acknowledged under
section 13;
20 assistant commissioner means a person appointed
as an Assistant Healthcare Quality
Commissioner under Part 8;
Australian Health Practitioner Regulation
Agency means the Australian Health
25 Practitioner Regulation Agency established
under the National Law;
authorised person means a person authorised by
the commissioner under section 79;
carer has the same meaning as in the Carers
30 Recognition Act 2012;
code of conduct investigation means an
investigation under section 47;
571259B.I-2/9/2014 2 BILL LA INTRODUCTION 2/9/2014
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Part 1--Preliminary
s. 3
commissioner means the Healthcare Quality
Commissioner appointed under Part 8;
complainant means a person who makes a
complaint to the commissioner under
5 Division 1 of Part 2;
complaint means a complaint made to the
commissioner under Division 1 of Part 2;
complaint data investigation means an
investigation under section 63;
10 complaint handling standards means standards
made by the Governor in Council under
section 133 including, if an amendment to
standards has been made by the Governor in
Council under section 133, the standards as
15 so amended;
complaint investigation means an investigation
under section 35;
complaint resolution process, in relation to a
complaint, means a process by which the
20 commissioner seeks an agreed resolution to
the complaint under section 27(2)(a) or (b);
conciliation process, has the meaning set out in
section 27(2)(b);
council means the Healthcare Quality Council
25 established under Part 9;
follow-up investigation means an investigation
under section 69;
general health care service means a service that
is health care but that is not a health
30 profession service;
general health care service code of conduct
means a code of conduct for a general health
care service that is prescribed;
571259B.I-2/9/2014 3 BILL LA INTRODUCTION 2/9/2014
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Part 1--Preliminary
s. 3
general healthcare provider means a person who
provides a general health care service;
health care means services of the following kinds,
whether public or private services--
5 (a) health profession services;
(b) hospital services;
(c) mental health services;
(d) pharmaceutical services;
(e) ambulance services;
10 (f) community health services;
(g) health education services;
(h) welfare services necessary to
implement any services referred to in
paragraphs (a) to (g);
15 (i) services provided by dietitians,
masseurs, social workers, speech
pathologists, audiologists or
audiometrists;
(j) services provided by naturopaths and
20 other providers of allied, alternative or
complementary health treatment
services;
(k) psychotherapy services;
(l) therapeutic counselling services;
25 (m) pathology services;
(n) optical dispensers;
(o) providers of prostheses;
(p) services--
(i) that are ancillary to any other
30 services to which this definition
applies; and
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Part 1--Preliminary
s. 3
(ii) that affect or may affect persons
who are receiving other services
to which this definition applies;
Examples
5 Examples of services to which paragraph (p)
applies are laundry services, cleaning services
and catering services.
(q) any other prescribed services;
health care principles means the principles set out
10 in section 4;
health profession service means a service
provided in the practice of a health
profession, within the meaning of the
National Law;
15 healthcare provider means a person or body who
provides health care;
healthcare quality investigation means a
complaint investigation, a code of conduct
investigation, a referral investigation or a
20 follow-up investigation;
identification, in relation to an authorised person,
means the document issued by the
commissioner under section 80(1) that
identifies that person;
25 interim complaint handling standards means the
standards for complaint handling set out in
Schedule 1;
interim prohibition order means an order made
under section 96;
30 National Board has the same meaning as in the
National Law;
National Law means the Health Practitioner
Regulation National Law;
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Part 1--Preliminary
s. 4
practice protocol means a statement approved by
the Minister under section 126;
prohibition order means an order made under
section 101;
5 referral investigation means an investigation
under section 55;
relevant Victorian law means any of the
following--
(a) the Disability Act 2006;
10 (b) the Health Records Act 2001;
(c) the Information Privacy Act 2000;
(d) the Mental Health Act 2014;
Secretary means the Department Head (within the
meaning of the Public Administration Act
15 2004) of the Department of Health.
(2) A reference in this Act to "any process under this
Act" does not include proceedings for an offence
against this Act.
4 Health care principles
20 For the purposes of this Act, the following
principles are the health care principles--
(a) that health care is able to be accessed;
(b) that health care is safe and of high quality;
(c) that health care is provided with
25 consideration and that people seeking or
being provided with health care and their
carers are treated with respect;
(d) that adequate information is provided about
services, treatment, options and costs in a
30 clear and open way;
(e) that an inclusive approach is taken to making
decisions and choices about health care;
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Part 1--Preliminary
s. 4
(f) that the privacy and confidentiality of health
care information is respected;
(g) that there is an opportunity to comment on
health care and to have concerns and
5 complaints about health care addressed.
__________________
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Part 2--Making Complaints
s. 5
PART 2--MAKING COMPLAINTS
Division 1--Scope of complaints
5 Complaint by person who received or sought health
care
5 (1) A person may make a complaint to a healthcare
provider about--
(a) any unreasonable provision of health care by
the provider to the person; or
(b) any unreasonable failure of the provider to
10 provide health care to the person that the
person has sought; or
(c) any unreasonable failure by the provider to
act consistently with the health care
principles in a provision of or a failure to
15 provide health care to the person; or
(d) the provision of health care by the provider
to the person in an unreasonable manner; or
(e) the manner in which a complaint by the
person is dealt with by the healthcare
20 provider, including whether the provider has
failed to comply or has acted inconsistently
with any relevant interim complaint handling
standards or complaint handling standards.
(2) A person may make a complaint to the
25 commissioner about--
(a) anything to which a paragraph of
subsection (1) applies, without making a
complaint to the healthcare provider, if it
would be unreasonable or inappropriate to
30 resolve the matter by making a complaint
under subsection (1); or
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Part 2--Making Complaints
s. 6
(b) any failure by a healthcare provider (who has
provided or failed to provide general health
care services to the person)--
(i) to comply or act consistently with a
5 relevant general health care service
code of conduct; or
(ii) to comply with an interim prohibition
order; or
(iii) to comply with a prohibition order; or
10 (c) a matter that was the subject of a complaint
by the person to a healthcare provider under
subsection (1), if that complaint is not
resolved within 3 months of making the
complaint; or
15 (d) the manner in which a complaint by the
person under subsection (1) is dealt with by
the healthcare provider, including whether
the provider has failed to comply or has
acted inconsistently with any relevant
20 interim complaint handling standards or
complaint handling standards.
6 Time for making complaint
(1) A person is not entitled to make a complaint under
section 5(2)--
25 (a) more than 12 months after the health care
was provided; or
(b) if the health care was not provided, more
than 12 months after the health care was
sought.
30 (2) Despite subsection (1), the commissioner may
accept a complaint lodged after the end of the
12 month period if the commissioner is satisfied
that the circumstances of the case so require.
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Part 2--Making Complaints
s. 7
7 Complaint about health care received or sought by
another person
(1) A person may make a complaint to a healthcare
provider about--
5 (a) any unreasonable provision of health care by
the provider to another person; or
(b) any unreasonable failure of the provider to
provide health care to another person that the
other person has sought; or
10 (c) any unreasonable failure by the provider to
act consistently with the health care
principles in a provision of or a failure to
provide health care to another person; or
(d) the provision of health care by the provider
15 to another person in an unreasonable
manner; or
(e) the manner in which a complaint by the
person is dealt with by the healthcare
provider, including whether the provider has
20 failed to comply or has acted inconsistently
with any relevant interim complaint handling
standards or complaint handling standards.
(2) A person may make a complaint to the
commissioner about--
25 (a) anything to which a paragraph of
subsection (1) applies, without making a
complaint to the healthcare provider, if it
would be unreasonable or inappropriate to
resolve the matter by making a complaint
30 under subsection (1); or
(b) any failure by a healthcare provider (who has
provided or failed to provide general health
care services to another person)--
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Part 2--Making Complaints
s. 8
(i) to comply or act consistently with a
relevant general health care service
code of conduct; or
(ii) to comply with an interim prohibition
5 order; or
(iii) to comply with a prohibition order; or
(c) a matter that was the subject of a complaint
by the person to a healthcare provider under
subsection (1), if that complaint is not
10 resolved within 3 months of making the
complaint; or
(d) the manner in which a complaint by the
person under subsection (1) is dealt with by
the healthcare provider, including whether
15 the provider has failed to comply or has
acted inconsistently with any relevant
interim complaint handling standards or
complaint handling standards.
8 Time for making complaint for other person
20 (1) A person is not entitled to make a complaint under
section 7(2)--
(a) more than 12 months after the health care
was provided; or
(b) if the health care was not provided, more
25 than 12 months after the health care was
sought.
(2) Despite subsection (1), the commissioner may
accept a complaint lodged after the end of the
12 month period if the commissioner is satisfied
30 that the circumstances of the case so require.
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Part 2--Making Complaints
s. 9
9 Consent of other person to making of complaint
(1) A person must not make a complaint under
section 7(1) or (2) unless--
(a) the person to whom the health care was
5 provided consents to the complaint being
made; or
(b) if the health care was not provided, the
person who sought the health care consents
to the complaint being made.
10 (2) Subsection (1) does not apply to a complaint made
under section 7(1) if the healthcare provider is
satisfied that it is not possible or appropriate that
consent be required because of the circumstances
of the case.
15 (3) Subsection (1) does not apply to a complaint made
under section 7(2)(b).
(4) Subsection (1) does not apply to a complaint made
under section 7(2)(a), (c) or (d) if the
commissioner is satisfied that it is not possible or
20 appropriate that consent be required because of
the circumstances of the case (whether for public
interest reasons or for other reasons).
10 Complaint by carer
(1) A carer of a person may make a complaint to a
25 healthcare provider about--
(a) any unreasonable treatment of the carer by
the provider when providing or failing to
provide health care to the person cared for by
the carer; or
30 (b) the manner in which a complaint by the carer
is dealt with by the healthcare provider,
including whether the provider has failed to
comply or has acted inconsistently with any
relevant interim complaint handling
35 standards or complaint handling standards.
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Part 2--Making Complaints
s. 11
(2) A carer of a person who has sought health care
from or has been provided with health care by a
healthcare provider may make a complaint to the
commissioner about--
5 (a) anything to which subsection (1) applies,
without making a complaint to the healthcare
provider, if it would be unreasonable or
inappropriate to resolve the matter by
making a complaint under subsection (1); or
10 (b) a matter that was the subject of a complaint
by the carer to a healthcare provider under
subsection (1), if that complaint is not
resolved within 3 months of making the
complaint; or
15 (c) the manner in which a complaint by the carer
under subsection (1) is dealt with by the
healthcare provider, including whether the
provider has failed to comply or has acted
inconsistently with any relevant interim
20 complaint handling standards or complaint
handling standards.
11 Time for carer to make complaint
(1) A person is not entitled to make a complaint under
section 10(2)--
25 (a) more than 12 months after the health care
was provided; or
(b) if the health care was not provided, more
than 12 months after the health care was
sought.
30 (2) Despite subsection (1), the commissioner may
accept a complaint lodged after the end of the
12 month period if the commissioner is satisfied
that the circumstances of the case so require.
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Part 2--Making Complaints
s. 12
Division 2--Procedure for making complaints
12 Complaint may be either oral or in writing
(1) A complaint made to the commissioner may be
made either orally or in writing.
5 Note
A complaint may be made by an electronic communication
within the meaning of section 3(1) of the Electronic
Transactions (Victoria) Act 2000.
(2) A person who makes an oral complaint must
10 confirm the complaint as recorded in writing by
the commissioner as soon as practicable.
(3) The commissioner may waive the requirement for
a person to comply with subsection (2), if the
commissioner is satisfied that it is appropriate to
15 do so in the circumstances.
13 Acknowledgement of complaint
(1) If a complaint is made to the commissioner, the
commissioner must acknowledge receiving the
complaint--
20 (a) in writing; or
(b) orally, if it is not appropriate in the
circumstances to give written
acknowledgement of receiving the
complaint.
25 (2) If the commissioner gives oral acknowledgement
of receiving the complaint, the commissioner must
keep a written record of the acknowledgement.
(3) The commissioner must give acknowledgement of
the complaint as soon as practicable after the
30 complaint is made.
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Part 2--Making Complaints
s. 14
14 Commissioner to assist persons to make complaints
The commissioner must give reasonable
assistance to a person who is making or
confirming a complaint.
__________________
5
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Part 3--Dealing with Complaints
s. 15
PART 3--DEALING WITH COMPLAINTS
Division 1--Parties
15 Who are parties to a complaint?
(1) Each of the following persons is a party to a
5 complaint--
(a) the complainant;
(b) any healthcare provider about whom the
complaint is made;
(c) the person who received or sought the health
10 care, if that person--
(i) is not the complainant; and
(ii) is required to consent to the making of
the complaint under section 9.
(2) Despite subsection (1)(c), the person who received
15 or sought health care may notify the commissioner
that that person does not wish to be a party to the
complaint.
(3) On notice being given to the commissioner under
subsection (2), the person giving the notice is
20 taken not to be a party to the complaint.
Division 2--Initial consideration
16 Informal negotiation of complaint
(1) The commissioner may negotiate with the parties
to resolve an acknowledged complaint by
25 informal means, if the commissioner has the
consent of the parties to the complaint to do so.
(2) The commissioner may negotiate under
subsection (1) before deciding to accept a
complaint.
30 (3) A negotiation under subsection (1) may be
conducted in any manner and using any means
that the commissioner considers appropriate.
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Part 3--Dealing with Complaints
s. 17
17 Accepting complaints
(1) The commissioner must decide whether or not to
accept an acknowledged complaint.
(2) A decision must be made under subsection (1)--
5 (a) as soon as practicable after the complaint is
made; or
(b) if the commissioner negotiates with the
parties under section 16 and the complaint is
not resolved, as soon as practicable after the
10 failure to resolve the complaint.
(3) As soon as possible after making a decision under
subsection (1), the commissioner must give
written notice of that decision to the complainant.
18 Grounds for not accepting complaints
15 The commissioner may refuse to accept a
complaint if--
(a) the complaint is frivolous, vexatious,
misconceived, lacking in substance or
otherwise does not warrant action; or
20 (b) the commissioner is satisfied that the
complaint is not made in good faith or that
the complaint is made for an improper
purpose; or
(c) the complainant does not comply with a
25 request for more information under
section 19(b) and the commissioner believes
that it is not in the public interest to deal with
the complaint; or
(d) the subject matter of the complaint comes
30 within the jurisdiction of a court, tribunal or
other body; or
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Part 3--Dealing with Complaints
s. 19
(e) the subject matter of the complaint--
(i) is before a court, tribunal or other body;
or
(ii) has been determined by a court,
5 tribunal or other body--
and does not raise a new matter that, the
commissioner believes, ought to be dealt
with; or
(f) the commissioner is satisfied that--
10 (i) reasonable attempts have not been
made to seek to resolve the complaint
with the healthcare provider; and
(ii) it is reasonable and appropriate to seek
to resolve the complaint with the
15 healthcare provider.
19 Commissioner may interview or require further
information before accepting complaint
Before making a decision under section 17, the
commissioner may--
20 (a) interview the complainant; or
(b) require the complainant to give the
commissioner more information.
20 Formal description of complaint
(1) As soon as possible after a complaint is accepted
25 under section 17, the commissioner must seek the
agreement of the complainant to a formal
description of the complaint.
(2) The commissioner may decide not to proceed with
a complaint if agreement about the description of
30 the complaint is not reached within 10 business
days after the commissioner seeks the agreement,
or any longer period determined by the
commissioner.
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(3) The commissioner must give written notice of a
decision under subsection (2) to the complainant
as soon as possible after the decision is made.
21 Alteration or variation of description of complaint
5 The commissioner, with the agreement of the
complainant, may alter or vary the agreed formal
description of the complaint.
22 Copy of description of complaint to be given to
healthcare provider
10 (1) Subject to subsection (3), as soon as practicable
after the formal description of the complaint is
agreed to under section 20, the commissioner
must give a copy of the agreed formal description
of the complaint to the healthcare provider about
15 whom the complaint is made.
(2) Subject to subsection (3), if the agreed formal
description of the complaint is altered or varied
under section 21, the commissioner must give a
copy of the agreed formal description of the
20 complaint as so altered or varied to the health care
provider about whom the complaint is made.
(3) The commissioner is not required to give a copy
of an agreed formal description of a complaint
to a healthcare provider under subsection (1)
25 or (2) if a National Board has been notified of the
complaint under the National Law and the Board
makes a request that the copy not be given to the
provider.
23 Commissioner may seek more information
30 In order to determine how to deal with a
complaint under this Act, the commissioner may
seek more information from--
(a) the complainant; or
(b) the healthcare provider; or
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(c) any person who received or sought the health
care (if applicable); or
(d) any other person whom the commissioner
reasonably believes has relevant information.
5 24 Referral of complaint if another Act applies
(1) This section applies if the subject matter of a
complaint or a part of a complaint to the
commissioner would also be a reason for making
a complaint or conducting an investigation or
10 inquiry under a relevant Victorian law.
(2) As soon as practicable after the complaint is
made, the commissioner must refer the complaint
or the part of the complaint to the person or body
responsible for dealing with the matter under the
15 relevant Victorian law.
(3) Despite the referral of a complaint or a part of a
complaint under subsection (2) the commissioner
may in respect of the referred complaint or the
part of the referred complaint exercise any
20 function or power of the commissioner under--
(a) Division 1 of Part 4; or
(b) Division 1, 2 or 3 of Part 6.
25 Complaint to which National Law may also apply
(1) To avoid doubt, the commissioner is a health
25 complaints entity within the meaning of the
National Law.
Note
See Division 5 of Part 8 of the National Law, in particular
section 150 of that Law, for the commissioner's duties if a
30 complaint is made that may be the subject of a notification
under section 150(2) of that Law.
(2) If, a decision is made under section 150 of the
National Law to deal with the complaint under
that Law, the commissioner must refer the
35 complaint to the Australian Health Practitioner
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Regulation Agency or the relevant National
Board.
26 Commissioner to notify referral of complaint
(1) As soon as possible after a referral is made under
5 section 24 the commissioner must notify the
following persons or bodies of doing so--
(a) the complainant;
(b) the Australian Health Practitioner Regulation
Agency, if the matter is relevant to the
10 regulation of the National Law;
(c) the person who received or sought the health
care, if the person is not the complainant and
it is appropriate in the circumstances to do
so;
15 (d) the relevant health care provider.
(2) In the case of a referral under section 25, the
commissioner--
(a) as soon as possible after the referral is made,
must notify the following persons or bodies
20 of doing so--
(i) the complainant;
(ii) the person who received or sought the
health care, if the person is not the
complainant and it is appropriate in the
25 circumstances to do so; and
(b) must notify the relevant health care
provider--
(i) if the National Board requests that the
notification not be given to the
30 healthcare provider as soon as possible
after the referral is made, on the
National Board advising the
commissioner that notice may be given;
or
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(ii) in any other case, as soon as possible
after the referral is made.
Division 3--Complaint resolution process
27 Decision as to use of complaint resolution process
5 (1) If a copy of the formal description of the
complaint is given to the healthcare provider
under section 22, the commissioner must decide
as soon as possible whether or not the complaint is
suitable for a complaint resolution process.
10 (2) If the commissioner decides that the complaint is
suitable for a complaint resolution process, the
commissioner may seek an agreed resolution to
the complaint by the parties by--
(a) identifying the issues in dispute and
15 promoting discussion or negotiation of the
complaint between the parties; or
(b) the commissioner taking an active role in
identifying the issues in dispute, promoting
discussion or negotiation of the complaint
20 between the parties, proposing options for
resolution of issues and proposing terms for
agreement (conciliation process).
(3) The commissioner must decide the manner in
which the complaint resolution process is to be
25 conducted, and in doing so the commissioner
may--
(a) call for oral or written submissions or both;
or
(b) require one or more conferences where the
30 parties are present.
(4) In deciding how to conduct the complaint
resolution process, the commissioner must prefer
the least formal action that is appropriate in the
circumstances of the complaint.
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28 Notification of decision
(1) The commissioner must give written notice of any
decision under section 27 to the parties to the
complaint, as soon as possible after making the
5 decision.
(2) A notice of a decision under section 27(3) must
set out--
(a) if the commissioner is calling for written
submissions, the time within which, the
10 place to which and the person to whom the
submissions must be made; and
(b) if the commissioner is calling for oral
submissions, the time and place at which the
submissions must be made; and
15 (c) if the commissioner is calling for a
conference, the time and place at which the
conference is to be held.
(3) A notice under subsection (2) must be given in a
reasonable time before any time fixed by the
20 notice, having regard to--
(a) the complexity of the matter; and
(b) ensuring that appropriate time is given for
preparation by the parties.
29 Healthcare provider may be required to respond
25 (1) In a complaint resolution process, the
commissioner, by written notice, may require the
healthcare provider to give a written response to
issues raised in the complaint.
(2) In a notice under subsection (1) the commissioner
30 must specify the time within which the response
must be given, which must be no more than
20 business days after the notice is given.
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(3) A healthcare provider to whom a notice is given
under this section must comply with the
requirements of the notice.
Penalty: In the case of a natural person,
5 20 penalty units;
In the case of a body corporate,
100 penalty units.
30 Healthcare provider may be required to produce
documents in conciliation process
10 (1) In a conciliation process, the commissioner, by
written notice, may require the healthcare provider
to produce to the commissioner any document or
other evidence specified in the notice that is held
by the healthcare provider and--
15 (a) that forms part of the health information
about the person who received or sought the
health care; or
(b) that is about policies or protocols of the
health care provider that applied to the
20 subject matter of the complaint; or
(c) that is about investigations into the subject
matter of the complaint by the health care
provider.
(2) In a notice under subsection (1) the commissioner
25 must specify the time within which the document
or evidence must be produced to the
commissioner, which must be no more than
20 business days after the notice is given.
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(3) A healthcare provider to whom a notice is given
under this section must comply with the
requirements of the notice.
Penalty: In the case of a natural person,
5 20 penalty units;
In the case of a body corporate,
100 penalty units.
31 Commissioner's power to extend time limits
In a complaint resolution process including a
10 conciliation process, the commissioner may
extend the time within which a person must
comply with a written notice given by the
commissioner under section 29 or 30.
32 Confidentiality of information given in conciliation
15 process
(1) Subject to subsection (2), a party must not
disclose anything said or done in a conciliation
process outside the process.
Penalty: In the case of a natural person,
20 20 penalty units;
In the case of a body corporate,
100 penalty units.
(2) A party may disclose anything said or done in a
conciliation process outside the process with the
25 consent of the person to whom the information
relates.
(3) Evidence of anything said or done in a
conciliation process is not admissible in any
hearing or proceeding in a court or tribunal.
30 Note
See section 148 for the authorised disclosure of information gained
in the course of a conciliation process.
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33 Outcome of complaint resolution process
(1) If agreement is reached in a complaint resolution
process, on the resolution of the complaint that is
the subject of the process, the commissioner
5 must--
(a) make a written record of the agreement; and
(b) give a copy of the written record to each
party to the complaint.
(2) If a healthcare provider gives an undertaking to
10 the commissioner in the course of a complaint
resolution process, the commissioner must make a
written record of the undertaking that is signed by
the provider.
(3) If agreement is not reached in a complaint
15 resolution process, the commissioner may--
(a) close the complaint, if the commissioner
reasonably believes that no further action
should be taken on the complaint; or
(b) conduct a different complaint resolution
20 process or an investigation into the
complaint.
(4) If the commissioner closes the complaint under
subsection (3)(a), the commissioner must give
written notice of the reasons for that decision to
25 the parties to the complaint.
34 Reporting on undertakings to commissioner
(1) If, in a complaint resolution process, as part of
resolving the complaint, a healthcare provider
gives an undertaking to the commissioner, the
30 commissioner, in writing, may require the
healthcare provider to report to the commissioner
on the implementation of the undertaking.
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(2) The report must be made in the time fixed by the
commissioner, which must not be more than
12 months after the undertaking is given to the
commissioner.
5 (3) A healthcare provider to whom a requirement
under subsection (1) has been given must not,
without reasonable excuse, fail to comply with the
requirement within the time fixed by the
commissioner under subsection (2).
10 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
Division 4--Investigation of complaints
15 35 Investigation of complaints
(1) The commissioner may conduct an investigation
of a complaint if the commissioner reasonably
believes that the complaint should be investigated
and--
20 (a) the complaint is not suitable for a complaint
resolution process; or
(b) a complaint resolution process dealing with
the complaint has not been successful; or
(c) a healthcare provider who is a party to the
25 complaint, without reasonable excuse, fails
to participate in a complaint resolution
process; or
(d) a healthcare provider who is a party to the
complaint does not comply with--
30 (i) a notice seeking more information
under section 23(b); or
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(ii) a notice requiring the health care
provider to give a written response
under section 29; or
(iii) a notice requiring the production of a
5 document or other evidence under
section 30.
(2) In an investigation under this section the
commissioner may conduct a hearing.
36 Notice of complaint investigation
10 (1) If the commissioner has decided to conduct a
complaint investigation, the commissioner must
give written notice of the investigation to the
parties to the complaint as soon as possible.
(2) A notice under subsection (1) must be
15 accompanied by a copy of the formal description
of the complaint that has been agreed on under
section 20 or 21.
37 Principles applying to all complaint investigations
(1) In conducting a complaint investigation, the
20 commissioner may carry out any inquiries into the
subject matter of the complaint that the
commissioner believes are necessary.
(2) In conducting a complaint investigation, the
commissioner--
25 (a) must act as expeditiously and with as little
formality as is reasonably possible; and
(b) is bound by the rules of natural justice; and
(c) is not bound by the rules of evidence; and
(d) before making a decision affecting a person,
30 must give the person an opportunity to make
submissions to the commissioner about the
decision.
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38 Requirements if there is no hearing
If the commissioner is conducting a complaint
investigation that does not involve a hearing, for
the purpose of section 37(2)(d) the
5 commissioner--
(a) may take oral or written submissions; and
(b) may send for persons, documents or other
things; and
(c) must keep a record of all submissions and
10 evidence given before the commissioner and
decisions made by the commissioner.
Note
Parts 5 and 10 set out other provisions about the process for
complaint investigations.
15 39 Requirements if there is a hearing
(1) If the commissioner decides to conduct a hearing
in a complaint investigation, the commissioner
must give written notice of the hearing to the
parties to the complaint as soon as possible.
20 (2) A notice under subsection (1) must--
(a) specify the date on which the hearing is to
commence; and
(b) specify the place at which the hearing is to
be held.
25 (3) A notice under subsection (1) must be given to the
parties to the complaint at least 10 business days
before the hearing is to commence.
Note
Parts 5 and 10 set out other provisions about the process for
30 complaint investigations.
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40 Commissioner's report on a complaint investigation
(1) On completing a complaint investigation the
commissioner must prepare a written report of the
investigation.
5 (2) In the report the commissioner must set out--
(a) a description of the complaint; and
(b) any resolution to the complaint; and
(c) any recommendation of action that the
healthcare provider should take as a result of
10 the complaint and the time within which to
carry out the recommendation; and
(d) the time within which the healthcare
provider must give a written response to the
report to the commissioner; and
15 (e) if so requested by a person who made
submissions in the investigation and against
whom the commissioner has made an
adverse decision, a summary of the
submissions made in relation to that
20 decision.
41 Persons to whom report to be given
(1) The commissioner must--
(a) give the report to the healthcare provider; or
(b) if there is more than one healthcare provider,
25 give that part of the report that relates to a
healthcare provider to that healthcare
provider.
(2) The commissioner may--
(a) give all or part of the report to the
30 complainant; and
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(b) if the person who sought or received the
health care is not the complainant, give all or
part of the report to that person if the person
consented to the complaint being made and
5 agreed to be notified about the outcome of
the complaint; and
(c) give all or part of the report to the Australian
Health Practitioner Regulation Agency, if the
report is relevant to the administration of the
10 National Law; and
(d) give all or part of the report to an employer
of the healthcare provider, if the report is
relevant to the healthcare provider's
employment by that employer; and
15 (e) give all or part of the report to the Secretary.
42 Response by healthcare provider
A healthcare provider who has received a report
under section 41 setting out recommendations that
apply to the healthcare provider must not, without
20 reasonable excuse, fail to give a written response
to that report to the commissioner, within the time
set out in the report by the commissioner, which--
(a) states the action that has been taken to
implement the recommendations; and
25 (b) if a recommendation has not been
implemented, gives a reason why the
recommendation has not been implemented
and--
(i) sets out a plan to implement the
30 recommendation; or
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(ii) gives a reason why the
recommendation cannot implemented
and sets out a plan to address the issue
dealt with in the recommendation.
5 Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
Division 5--Dividing, combining, closing, withdrawing etc.
10 complaints
43 Commissioner may divide, combine etc. complaints
(1) The commissioner may divide a complaint--
(a) into two or more complaints if the
commissioner believes it is in the interests of
15 the person who received or sought the health
care; or
(b) into a part that may be dealt with under this
Act and a part that is or may be the subject of
a complaint, investigation or inquiry under
20 the National Law or a relevant Victorian law,
for the purpose of referring that part of the
complaint to the person or body responsible
for dealing with the matter under that law.
(2) The commissioner may combine two or more
25 complaints into one complaint, whether or not
there is more than one complainant, if the
commissioner reasonably believes that--
(a) the complainant or complainants are not
disadvantaged; and
30 (b) the healthcare provider's rights are not
adversely affected; and
(c) the person who received or sought the health
care is not disadvantaged.
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(3) If the commissioner acts under this section the
commissioner must inform any relevant
complainant, healthcare provider and person who
received or sought the health care of the action
5 taken as soon as possible after taking it.
44 Closing and reopening a complaint
(1) The commissioner may close a complaint that the
commissioner has accepted if--
(a) the commissioner is satisfied that there is no
10 reasonable prospect of resolving the
complaint; or
(b) the complaint has been withdrawn under this
Division; or
(c) the healthcare provider has taken action that
15 the commissioner and the complainant are
satisfied has resolved the complaint; or
(d) the complaint is frivolous, vexatious,
misconceived, lacking in substance or
otherwise does not warrant action; or
20 (e) the complaint has not been made in good
faith; or
(f) the complaint has been made for an improper
purpose; or
(g) the subject matter of the complaint comes
25 within the jurisdiction of a court, tribunal or
other body; or
(h) the subject matter of the complaint--
(i) is before a court, tribunal or other body;
or
30 (ii) has been determined by a court,
tribunal or other body.
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(2) The commissioner may reopen a complaint that
the commissioner has closed if--
(a) the complainant provides new information
about the complaint to the commissioner; or
5 (b) the commissioner reasonably believes the
complaint should be reopened.
(3) If the commissioner acts under this section the
commissioner must inform any relevant
complainant, healthcare provider and person who
10 received or sought the health care of the action
taken as soon as possible after taking it.
45 Withdrawal of complaint
A complainant may withdraw a complaint at any
time by written notice given to the commissioner.
15 46 Effect of withdrawal of complaint
If a complaint has been withdrawn the
commissioner may proceed with the complaint
under this Act if--
(a) the commissioner reasonably believes that it
20 is in the public interest to do so; or
(b) the commissioner reasonably believes that
the complaint involves--
(i) a contravention of an interim
prohibition order or a prohibition order
25 by a person providing a general health
care service; or
(ii) a contravention of a general health care
service code of conduct; or
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(c) the commissioner reasonably believes that
the complaint may have been withdrawn
because of victimisation, coercion, duress or
intimidation.
__________________
5
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PART 4--FURTHER INVESTIGATIONS
Division 1--Code of conduct investigations
47 Power of commissioner to conduct code of conduct
investigation
5 (1) The commissioner may investigate the conduct of
a healthcare provider in providing a general health
care service if a complaint has been made and the
commissioner reasonably believes that the
healthcare provider has contravened a general
10 health care service code of conduct applying to
the general health care service.
(2) In an investigation under this section the
commissioner may conduct a hearing.
48 Notice of investigation
15 (1) If the commissioner has decided to conduct a code
of conduct investigation, the commissioner must
give written notice of the investigation to the
provider of the general health care service.
(2) A notice under subsection (1) must set out the
20 nature of the alleged contravention of the general
health care service code of conduct.
49 Principles applying to all code of conduct
investigations
(1) In conducting a code of conduct investigation, the
25 commissioner may carry out any inquiries into the
subject matter of the investigation that the
commissioner believes are necessary.
(2) In conducting a code of conduct investigation the
commissioner--
30 (a) must act as expeditiously and with as little
formality as is reasonably possible; and
(b) is bound by the rules of natural justice; and
(c) is not bound by the rules of evidence; and
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(d) before making a decision affecting a person,
must give the person an opportunity to make
submissions to the commissioner about the
decision.
5 50 Requirements if there is no hearing
If the commissioner is conducting a code of
conduct investigation that does not involve a
hearing, for the purpose of section 49(2)(d) the
commissioner--
10 (a) may take oral or written submissions; and
(b) may send for persons, documents or other
things; and
(c) must keep a record of all submissions and
evidence given before the commissioner and
15 decisions made by the commissioner.
Note
Parts 5 and 10 set out other provisions about the process for code
of conduct investigations.
51 Requirements if there is a hearing
20 (1) If the commissioner decides to conduct a hearing
in a code of conduct investigation, the
commissioner must give written notice of the
hearing to the healthcare provider who is alleged
to have contravened the code of conduct as soon
25 as possible.
(2) A notice under subsection (1) must--
(a) specify the date on which the hearing is to
commence; and
(b) specify the place at which the hearing is to
30 be held.
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(3) A notice under subsection (1) must be given to the
healthcare provider at least 10 business days
before the hearing is to commence.
Note
5 Parts 5 and 10 set out other provisions about the process for code
of conduct investigations.
52 Commissioner's report on code of conduct
investigation
(1) On completing a code of conduct investigation the
10 commissioner must prepare a written report of the
investigation.
(2) In the report the commissioner must set out--
(a) a description of the alleged contravention of
the general health care service code of
15 conduct; and
(b) whether or not there has in fact been a
contravention of a general health care service
code of conduct; and
(c) if there has been a contravention of the
20 general health care service code of conduct,
any recommendations of action that should
be taken by the healthcare provider to
address the contravention and the time
within which the action must be taken; and
25 (d) the time within which the healthcare
provider must give a written response to the
report to the commissioner; and
(e) if so requested by a person who made
submissions in the investigation and against
30 whom the commissioner has made an
adverse decision, a summary of the
submissions made in relation to that
decision.
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53 Persons to whom report to be given
(1) The commissioner must--
(a) give the report to the healthcare provider; or
(b) if there is more than one healthcare provider,
5 give that part of the report that relates to a
healthcare provider to that healthcare
provider.
(2) The commissioner may--
(a) give all or a part of the report to the
10 complainant; and
(b) if the person who sought or received the
health care is not the complainant, give all or
a part of the report to that person if the
person consented to the complaint being
15 made and agreed to be notified about the
outcome of the complaint; and
(c) give all or a part of the report to the
Australian Health Practitioner Regulation
Agency, if the report is relevant to the
20 administration of the National Law; and
(d) give all or a part of the report to an employer
of the healthcare provider, if the report is
relevant to the healthcare provider's
employment by that employer; and
25 (e) give all or a part of the report to the
Secretary.
54 Response by healthcare provider
A healthcare provider who has received a report
under section 53 setting out recommendations that
30 apply to the healthcare provider must not, without
reasonable excuse, fail to give a written response
to that report to the commissioner, within the time
set out in the report by the commissioner, which--
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(a) states the action that has been taken to
implement the recommendations; and
(b) if a recommendation has not been
implemented, gives a reason why the
5 recommendation has not been implemented
and--
(i) sets out a plan to implement the
recommendation; or
(ii) gives a reason why the
10 recommendation cannot be
implemented and sets out a plan to
address the issue dealt with in the
recommendation.
Penalty: In the case of a natural person,
15 60 penalty units;
In the case of a body corporate,
300 penalty units.
Division 2--Investigations by commissioner on referral by
Minister
20 55 Power to investigate matter referred by Minister
(1) The Minister may refer to the commissioner for
investigation any matter that a person would be
able to make a complaint about under section 7.
(2) The commissioner may investigate a matter
25 referred under subsection (1).
(3) In an investigation under this section the
commissioner may conduct a hearing.
56 Notice of referral investigation
(1) If the commissioner has decided to conduct a
30 referral investigation, the commissioner must give
written notice of the investigation to the provider
of the health care.
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(2) A notice under subsection (1) must set out the
nature of the matter being investigated.
57 Principles applying to all referral investigations
(1) In conducting a referral investigation, the
5 commissioner may carry out any inquiries into the
subject matter of the investigation that the
commissioner believes are necessary.
(2) In conducting a referral investigation the
commissioner--
10 (a) must act as expeditiously and with as little
formality as is reasonably possible; and
(b) is bound by the rules of natural justice; and
(c) is not bound by the rules of evidence; and
(d) before making a decision affecting a person,
15 must give the person an opportunity to make
submissions to the commissioner about the
decision.
58 Requirements if there is no hearing
If the commissioner is conducting a referral
20 investigation that does not involve a hearing, for
the purpose of section 57(2)(d) the
commissioner--
(a) may take oral or written submissions; and
(b) may send for persons, documents or other
25 things; and
(c) must keep a record of all submissions and
evidence given before the commissioner and
decisions made by the commissioner.
Note
30 Parts 5 and 10 set out further provisions about the process for
referral investigations.
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59 Requirements if there is a hearing
(1) If the commissioner decides to conduct a hearing
in a referral investigation, the commissioner must
give written notice of the hearing to the healthcare
5 provider who is the subject of the investigation as
soon as possible.
(2) A notice under subsection (1) must--
(a) specify the date on which the hearing is to
commence; and
10 (b) specify the place at which the hearing is to
be held.
(3) A notice under subsection (1) must be given to the
healthcare provider at least 10 business days
before the hearing is to commence.
15 Note
Parts 5 and 10 set out further provisions about the process for
referral investigations.
60 Commissioner's report on referral investigation
(1) On completing an investigation the commissioner
20 must prepare a written report of the investigation.
(2) In the report the commissioner must set out--
(a) a description of the matter referred by the
Minister; and
(b) findings in relation to the matter, including,
25 in the case of an investigation of a general
healthcare provider, whether or not there has
been a contravention of a general health care
service code of conduct; and
(c) any recommendations of action that should
30 be taken by the healthcare provider to
address the findings and the time within
which the action must be taken; and
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(d) the time within which the healthcare
provider must give a written response to the
report to the commissioner; and
(e) if so requested by a person who made
5 submissions in the investigation and against
whom the commissioner has made an
adverse decision, a summary of the
submissions made in relation to that
decision.
10 61 Persons to whom report to be given
(1) The commissioner--
(a) must give the report to the Minister; and
(b) must--
(i) give the report to the healthcare
15 provider; or
(ii) if there is more than one healthcare
provider, give that part of the report
that relates to a healthcare provider to
that healthcare provider.
20 (2) The commissioner may give all or a part of the
report to--
(a) the Australian Health Practitioner Regulation
Agency, if the report is relevant to the
administration of the National Law; and
25 (b) the Secretary.
62 Response by healthcare provider
A healthcare provider who has received a report
under section 61 setting out recommendations that
apply to the healthcare provider must not, without
30 reasonable excuse, fail to give a written response
to that report to the commissioner, within the time
set out in the report by the commissioner, which--
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(a) states the action that has been taken to
implement the recommendations; and
(b) if a recommendation has not been
implemented, gives a reason why the
5 recommendation has not been implemented
and--
(i) sets out a plan to implement the
recommendation; or
(ii) gives a reason why the
10 recommendation cannot be
implemented and sets out a plan to
address the issue dealt with in the
recommendation.
Penalty: In the case of a natural person,
15 60 penalty units;
In the case of a body corporate,
300 penalty units.
Division 3--Complaint data investigations
63 Power of commissioner to conduct complaint data
20 investigations
The commissioner may conduct an investigation
of information given to the commissioner in the
course of dealing with a complaint under Part 3, if
the commissioner reasonably believes an
25 investigation may enable persistent or recurrent
issues in respect of the provision of health care
provided by a healthcare provider to be identified.
64 Notice of complaint data investigation
(1) If the commissioner has decided to conduct a
30 complaint data investigation, the commissioner
must give written notice of the investigation to the
healthcare provider.
(2) A notice under subsection (1) must set out the
nature of the matter being investigated.
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Part 4--Further Investigations
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65 Principles applying to all complaint data
investigations
(1) In conducting a complaint data investigation, the
commissioner may carry out any inquiries into the
5 subject matter of the investigation that the
commissioner believes are necessary.
(2) In conducting a complaint data investigation the
commissioner--
(a) must act as expeditiously and with as little
10 formality as is reasonably possible; and
(b) is bound by the rules of natural justice; and
(c) is not bound by the rules of evidence; and
(d) before making a decision affecting a person,
must give the person an opportunity to make
15 submissions to the commissioner about the
decision.
66 Requirements for complaint data investigation
If the commissioner is conducting a complaint
data investigation, for the purpose of section
20 65(2)(d) the commissioner--
(a) may take oral or written submissions; and
(b) may send for persons, documents or other
things; and
(c) must keep a record of all submissions and
25 evidence given before the commissioner and
decisions made by the commissioner.
Note
Parts 5 and 10 set out further provisions about the process for
complaint data investigations.
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Part 4--Further Investigations
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67 Commissioner's report on complaint data
investigation
(1) On completing a complaint data investigation the
commissioner may prepare a written report of the
5 investigation if a persistent or recurrent issue
regarding the provision of health care by the
healthcare provider is identified.
(2) In the report the commissioner must set out--
(a) a description of the issue identified by the
10 investigation; and
(b) findings in relation to the issue identified;
and
(c) any recommendations of action that should
be taken by a healthcare provider to address
15 the findings and specify the time within
which the action must be taken; and
(d) the time within which the healthcare
provider must give a written response to the
report to the commissioner.
20 (3) The commissioner must give the report to the
healthcare provider.
68 Response by healthcare provider
A healthcare provider who has received a report
under section 67 setting out recommendations that
25 apply to the healthcare provider must not, without
reasonable excuse, fail to give a written response
to that report to the commissioner, within the time
set out in the report by the commissioner, which--
(a) states the action that has been taken to
30 implement the recommendations; and
(b) if a recommendation has not been
implemented, gives a reason why the
recommendation has not been implemented
and--
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Part 4--Further Investigations
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(i) sets out a plan to implement the
recommendation; or
(ii) gives a reason why the
recommendation cannot be
5 implemented and sets out a plan to
address the issue dealt with in the
recommendation.
Penalty: In the case of a natural person,
60 penalty units;
10 In the case of a body corporate,
300 penalty units.
Division 4--Follow-up investigations
69 Power of commissioner to conduct a follow-up
investigation
15 (1) The commissioner may conduct an investigation
as to whether there has been any failure by a
healthcare provider--
(a) to take any action the healthcare provider has
undertaken to take in an agreement under
20 Division 3 of Part 3; or
(b) to take any of the actions recommended in a
report given to the healthcare provider under
section 41, 53, 61, 67 or 76.
(2) In an investigation under this section the
25 commissioner may conduct a hearing.
70 Commencement of follow-up investigation
(1) The commissioner must not commence a follow-
up investigation under section 69(1)(a) unless the
healthcare provider--
30 (a) has not given the report on the undertaking
under section 34 to the commissioner within
the time fixed by the commissioner under
that section; or
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Part 4--Further Investigations
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(b) has not, in the report given to the
commissioner under section 34,
substantively addressed the implementation
of the undertaking given by the provider to
5 the commissioner.
(2) The commissioner must not commence a follow-
up investigation under section 69(1)(b) unless the
healthcare provider--
(a) has not given the response to the
10 commissioner within the time set out by the
commissioner's report under section 40, 52,
60, 67 or 75; or
(b) has not, in the response required to be given
to the commissioner under section 42, 54,
15 62, 68 or 77 substantively addressed the
implementation of the recommendations
made to the provider by the commissioner.
71 Notice of follow-up investigation
If the commissioner has decided to conduct a
20 follow-up investigation, the commissioner must
give written notice of the investigation to the
healthcare provider.
72 Principles applying to all follow-up investigations
(1) In conducting a follow-up investigation, the
25 commissioner may carry out any inquiries into the
subject of the investigation that the commissioner
believes is necessary.
(2) In conducting a follow-up investigation the
commissioner--
30 (a) must act as expeditiously and with as little
formality as is reasonably possible; and
(b) is bound by the rules of natural justice; and
(c) is not bound by the rules of evidence; and
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Part 4--Further Investigations
s. 73
(d) before making a decision affecting a person,
must give the person an opportunity to make
submissions to the commissioner about the
decision.
5 73 Requirements if there is no hearing
If the commissioner is conducting a follow-up
investigation that does not involve a hearing, for
the purpose of section 72(2)(d) the
commissioner--
10 (a) may take oral or written submissions; and
(b) may send for persons, documents or other
things; and
(c) must keep a record of all submissions and
evidence given before the commissioner and
15 decisions made by the commissioner.
Note
Parts 5 and 10 set out further provisions about the process for
follow-up investigations.
74 Requirements if there is a hearing
20 (1) If the commissioner decides to conduct a hearing
in a follow-up investigation, the commissioner
must give written notice of the hearing to the
healthcare provider who is the subject of the
investigation as soon as possible.
25 (2) A notice under subsection (1) must--
(a) specify the date on which the hearing is to
commence; and
(b) specify the place at which the hearing is to
be held.
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(3) A notice under subsection (1) must be given to the
healthcare provider at least 10 business days
before the hearing is to commence.
Note
5 Parts 5 and 10 set out further provisions about the process for
follow-up investigations.
75 Commissioner's report on follow-up investigation
(1) On completing a follow-up investigation the
commissioner must prepare a written report of the
10 investigation.
(2) In the report the commissioner must set out--
(a) whether the commissioner has found that the
healthcare provider has failed to take the
actions--
15 (i) that the healthcare provider undertook
to take; or
(ii) that were recommended; and
(b) any recommendation of action that the
healthcare provider should take and the time
20 within which to carry out the
recommendation; and
(c) the time within which the healthcare
provider must provide a written response to
the report to the commissioner; and
25 (d) if so requested by a person who made
submissions in the investigation and against
whom the commissioner has made an
adverse decision, a summary of the
submissions made in relation to that
30 decision.
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Part 4--Further Investigations
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76 Persons to whom report to be given
(1) The commissioner--
(a) must--
(i) give the report to the healthcare
5 provider; or
(ii) if there is more than one healthcare
provider, give that part of the report
that relates to a healthcare provider to
that healthcare provider; and
10 (b) if the report relates to an investigation of a
matter referred to the commissioner under
section 55, must give the report to the
Minister.
(2) The commissioner may--
15 (a) give all or a part of the report to the
complainant; and
(b) if the person who sought or received the
health care is not the complainant, give all or
a part of the report to that person if the
20 person consented to the complaint being
made and agreed to be notified about the
outcome of the complaint; and
(c) give all or part of the report to the Australian
Health Practitioner Regulation Agency, if the
25 report is relevant to the administration of the
National Law; and
(d) give all or part of the report to an employer
of the healthcare provider, if the report is
relevant to the healthcare provider's
30 employment by that employer; and
(e) give all or part of the report to the Secretary.
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77 Response by healthcare provider
A healthcare provider who has received a report
under section 76 setting out recommendations that
apply to the healthcare provider must not, without
5 reasonable excuse, fail to give a written response
to that report to the commissioner, within the time
set out in the report by the commissioner, which--
(a) states the action that has been taken to
implement the recommendations; and
10 (b) if a recommendation has not been
implemented, gives a reason why the
recommendation has not been implemented
and--
(i) sets out a plan to implement the
15 recommendation; or
(ii) gives a reason why the
recommendation cannot be
implemented and sets out a plan to
address the issue dealt with in the
20 recommendation.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
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Part 5--General Matters as to Investigations
s. 78
PART 5--GENERAL MATTERS AS TO INVESTIGATIONS
Division 1--Definition
78 Definition
In this Part--
5 commissioner hearing means a hearing of the
commissioner under section 35(2), 47(2),
55(3) or 69(2).
Division 2--Investigative powers
79 Authorised persons
10 The commissioner may authorise persons to
exercise powers under this Division.
80 Authorised persons' identification
(1) The commissioner must issue a document to an
authorised person that identifies that person.
15 (2) A document of identification of an authorised
person must contain a photograph of the person.
81 Search warrants
(1) The commissioner may apply to a magistrate for
the issue of a search warrant for particular
20 premises, if the commissioner believes on
reasonable grounds that there is on the premises
evidence that is relevant to a healthcare quality
investigation.
(2) If the magistrate is satisfied by evidence on oath
25 or affirmation or by affidavit, that there are
reasonable grounds to believe that there is
evidence relevant to the healthcare quality
investigation on the premises, the magistrate may
issue a search warrant in accordance with the
30 Magistrates' Court Act 1989 authorising the
commissioner or an authorised person to search
for the evidence named or described in the
warrant.
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(3) In addition to anything the person executing the
warrant may do under section 78 of the
Magistrates' Court Act 1989, under the warrant
the magistrate may authorise the person to do any
5 of the following--
(a) require a document named or described in
the warrant to be produced for inspection;
(b) examine, take copies or make extracts from
a document named or described in the
10 warrant;
(c) remove a document named or described in
the warrant for so long as is necessary to
make copies or take extracts from the
document.
15 (4) A warrant issued under this section must state--
(a) the purpose for which the search is required
and the nature of the healthcare quality
investigation; and
(b) any conditions to which the warrant is
20 subject; and
(c) whether entry is authorised to be made at any
time of the day or night or during specified
hours of the day or night; and
(d) a day, not later than 20 business days after
25 the issue of the warrant, on which the
warrant ceases to have effect.
(5) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 apply to warrants
30 issued under this section.
(6) Despite subsection (3) and section 78(1)(b)(iii) of
the Magistrates' Court Act 1989, a warrant
issued under this section must not authorise the
person executing the warrant to arrest a person.
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82 Announcement before entry
A person who executes a warrant issued under this
Division--
(a) must announce that the person is authorised
5 by the warrant to enter the premises; and
(b) if the person has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to the
premises.
10 83 Details of warrant to be given to occupier
(1) If the occupier is present at the premises where a
warrant issued under this Division is being
executed, the person executing the warrant must--
(a) identify themselves to the occupier; and
15 (b) give the occupier a copy of the warrant.
(2) If the occupier is not present at the premises
where a warrant issued under this Division is
being executed, the person executing the warrant
must--
20 (a) identify themselves to a person at the
premises; and
(b) give the person a copy of the warrant.
84 Offence to hinder or obstruct person executing
warrant
25 A person must not, without reasonable excuse,
hinder or obstruct a person who is executing a
warrant issued under this Division.
Penalty: In the case of a natural person,
60 penalty units;
30 In the case of a body corporate,
300 penalty units.
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Part 5--General Matters as to Investigations
s. 85
Division 3--Power of commissioner as to production of
documents and things and obtaining evidence
85 Definition
In this Division--
5 commissioner hearing notice means a notice
under section 86(1).
86 Power to compel the production of documents and
things or attendance of witnesses
(1) For the purpose of a commissioner hearing, the
10 commissioner, or a member of the staff of the
commissioner who is authorised to do so, may
serve written notice on a person requiring the
person--
(a) to produce a specified document or thing to
15 the commissioner before a specified time and
in a specified manner; or
(b) to attend the commissioner hearing at a
specified time and place to produce a
specified document or thing; or
20 (c) to attend the commissioner hearing at a
specified time and place, and from then on
from day to day until excused, to give
evidence; or
(d) to attend the commissioner hearing at a
25 specified time and place, and from then on
from day to day until excused, to give
evidence and to produce a specified
document or thing.
(2) A commissioner hearing notice--
30 (a) must be in the prescribed form (if any); and
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(b) must contain the following information--
(i) a statement that failure to comply with
the notice without reasonable excuse is
an offence, and stating the maximum
5 penalty for that offence;
(ii) examples of what may constitute a
reasonable excuse for failing to comply
with the notice;
(iii) any other prescribed information.
10 (3) A person who is served with a notice under
subsection (1) must not, without reasonable
excuse, refuse or fail to comply with the notice.
Penalty: In the case of a natural person,
120 penalty units or 12 months
15 imprisonment or both;
In the case of a body corporate,
600 penalty units.
87 Variation of commissioner hearing notice
(1) A person on whom a commissioner hearing notice
20 is served may make a claim at the commissioner
hearing--
(a) that the person has or will have a reasonable
excuse for failing to comply with the notice;
or
25 (b) that a document or thing specified in the
notice is not relevant to the subject matter of
the hearing.
(2) If the commissioner is satisfied that the person's
claim is made out, the commissioner, by further
30 written notice served on the person, may vary or
revoke the commissioner hearing notice.
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(3) The commissioner, by further written notice
served on a person, may, at any time on the
commissioner's own initiative, vary or revoke a
commissioner hearing notice served on the person.
5 (4) A notice varying or revoking a commissioner
hearing notice must be served in the prescribed
manner.
88 Power to take evidence on oath or affirmation
(1) In a commissioner hearing the commissioner may
10 require a person attending the hearing, whether
under a commissioner hearing notice or otherwise,
to give evidence or answer questions on oath or
affirmation.
(2) A commissioner, or a member of the staff of the
15 commissioner who is authorised to do so, may
administer an oath or affirmation to a person for
the purpose of subsection (1).
89 Powers in relation to documents and things
(1) A commissioner, or a member of the staff of the
20 commissioner who is authorised to do so, may--
(a) inspect any document or thing produced at
the commissioner hearing; and
(b) retain the document or thing for so long as is
reasonably necessary for the purposes of the
25 commissioner hearing to which the
document or thing is relevant; and
(c) copy any document or thing produced to the
commissioner hearing that is relevant to the
subject matter of the hearing.
30 (2) If the retention of a document or thing under
subsection (1) ceases to be reasonably necessary
for the purposes of the commissioner hearing, the
commissioner, at the request of any person who
appears to be entitled to the document or thing,
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must cause the document or thing to be delivered
to the person.
Division 4--Protection for persons acting under this Act
90 Compellability of commissioner
5 A person who was or is the commissioner is not
compellable to give evidence in a court in relation
to a healthcare quality investigation or a
complaints data investigation unless the court
gives leave.
10 91 Protection of participants
(1) The commissioner has, in the performance of the
commissioner's functions and duties as
commissioner in the course of a healthcare quality
investigation, the same protection and immunity
15 as a Judge of the Supreme Court has in the
performance of the Judge's functions and duties as
a Judge.
(2) A person acting under the direction or authority of
a commissioner in the course of a healthcare
20 quality investigation has, in the performance of
the person's functions or duties in the
investigation, the same protection and immunity
as a Judge of the Supreme Court has in the
performance of the Judge's functions or duties as a
25 Judge.
(3) An Australian legal practitioner assisting the
commissioner in a healthcare quality investigation
or representing a person in such an investigation
has the same protection and immunity as an
30 Australian legal practitioner has in representing a
party in a proceeding in the Supreme Court.
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(4) A person who gives information or evidence, or
produces a document or thing to a health care
quality investigation has the same protection and
immunity as a witness has in a proceeding in the
5 Supreme Court.
92 Protection for people making a complaint
(1) A person who makes a complaint under section 5,
7 or 10 is not personally liable for any loss,
damage or injury suffered by another person
10 merely because of the making of the complaint.
(2) A person who produces a document or gives any
information or evidence to the commissioner in
making a complaint under section 5, 7 or 10 is not
personally liable for any loss, damage or injury
15 suffered by another person merely because of the
production of the document or the giving of the
information or evidence.
(3) Nothing in this section is to derogate from the
protection of a person under section 91.
__________________
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Part 6--Notices and Orders
s. 93
PART 6--NOTICES AND ORDERS
Division 1--Identifying notices
93 Public health and safety notices
(1) The commissioner may publish a notice setting
5 out the name of a healthcare provider if--
(a) the commissioner has completed a healthcare
quality investigation or a complaints data
investigation as to health care provided by
the healthcare provider and the
10 commissioner reasonably believes--
(i) a person has suffered, or is likely to
suffer, a detriment as a result of the
provision of healthcare by the provider;
and
15 (ii) that it is in the public interest to publish
a notice; and
(b) the commissioner reasonably believes that it
is necessary to publish the notice to avoid a
serious risk to--
20 (i) the life, health, safety or welfare of a
person; or
(ii) the health, safety or welfare of the
public.
(2) The commissioner may set out in a notice under
25 subsection (1) any other details that are reasonably
relevant to advise the public of the serious risk
identified by the commissioner.
(3) A notice under subsection (1) must be published
in a newspaper circulating throughout the State
30 and on an Internet site of the commissioner.
(4) The commissioner may revoke a notice published
under this section.
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(5) The revocation of a notice under this section must
be published in a newspaper circulating
throughout the State and on an Internet site of the
commissioner.
5 (6) The commissioner must publish a correction
notice in a newspaper circulating throughout the
State and on an Internet site of the commissioner
if a notice under this section is found to be
incorrect.
10 94 General health care service notices
(1) The commissioner may publish a notice setting
out the name of a healthcare provider who
provides a general health care service if--
(a) the commissioner has commenced a code of
15 conduct investigation or a referral
investigation into the healthcare provider;
and
(b) the commissioner reasonably believes that
the healthcare provider has contravened a
20 general health care service code of conduct;
and
(c) the commissioner reasonably believes that it
is necessary to publish the notice to avoid a
serious risk to--
25 (i) the life, health, safety or welfare of a
person; or
(ii) the health, safety or welfare of the
public.
(2) The commissioner may publish a notice setting
30 out the name of a healthcare provider who
provides a general health care service if--
(a) the healthcare provider has been convicted or
found guilty of a prescribed offence; and
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Part 6--Notices and Orders
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(b) the commissioner reasonably believes that it
is necessary to publish the notice to avoid a
serious risk to--
(i) the life, health, safety or welfare of a
5 person; or
(ii) the health, safety or welfare of the
public.
(3) The commissioner may publish a notice setting
out the name of a healthcare provider who
10 provides a general health care service if--
(a) after completing a code of conduct
investigation or a referral investigation into
the healthcare provider, the commissioner is
satisfied that the healthcare provider
15 contravened a general health care service
code of conduct; and
(b) the commissioner reasonably believes that it
is necessary to publish the notice to avoid a
serious risk to--
20 (i) the life, health, safety or welfare of a
person; or
(ii) the health, safety or welfare of the
public.
(4) The commissioner may set out in a notice under
25 subsection (1), (2) or (3) any other details that are
reasonably relevant to advise the public of the
serious risk identified by the commissioner.
(5) A notice under subsection (1), (2) or (3) must be
published in a newspaper circulating throughout
30 the State and on an Internet site of the
commissioner.
(6) The commissioner may revoke a notice under
subsection (1), (2) or (3) by publishing a notice to
advise the public that the serious risk no longer
35 exists.
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(7) A notice under subsection (6) must be published
in a newspaper circulating throughout the State
and on an Internet site of the commissioner.
(8) The commissioner must publish a correction
5 notice in a newspaper circulating throughout the
State and on an Internet site of the commissioner
if a notice under this section is found to be
incorrect.
95 Failure to give written response
10 (1) The commissioner may publish a notice setting
out the name of a healthcare provider if the
healthcare provider has failed to provide a written
response under section 77 in the time required in a
report under section 75(2)(c).
15 (2) The commissioner may set out in a notice under
subsection (1) any other details that are reasonably
relevant to advise the public of the recommended
action identified by the commissioner.
(3) Before publishing a notice under subsection (1),
20 the commissioner must give the healthcare
provider a reasonable opportunity to make
submissions on the proposed publication of the
notice.
(4) A notice under subsection (1) must be published
25 on an Internet site of the commissioner.
Division 2--Interim prohibition orders
96 Interim prohibition order
(1) If the commissioner is conducting a code of
conduct investigation, the commissioner may
30 make an order--
(a) prohibiting the healthcare provider from
providing all or part of the service being
investigated for up to 12 weeks; or
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(b) imposing the conditions that the
commissioner is satisfied are appropriate on
the provision by the healthcare provider of
all or part of the service being investigated
5 for up to 12 weeks.
(2) As soon as possible after the order is made, the
commissioner must serve a written copy of the
order on the healthcare provider to whom it
applies.
10 (3) An order under this section takes effect on the
service of the order on the healthcare provider to
whom it applies.
97 Matters to be considered for making interim
prohibition order
15 The commissioner must not make an interim
prohibition order--
(a) unless--
(i) the commissioner reasonably believes
that the healthcare provider has
20 contravened a general health care
service code of conduct for the general
health care service being provided; or
(ii) the healthcare provider has been
convicted or found guilty of a
25 prescribed offence; and
(b) unless the commissioner is satisfied that it is
necessary to make the order to avoid a
serious risk to--
(i) the life, health, safety or welfare of a
30 person; or
(ii) the health, safety or welfare of the
public.
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98 Offence for contravention of interim prohibition
order
A healthcare provider who has been served with
an interim prohibition order must comply with the
5 order.
Penalty: In the case of a natural person,
240 penalty units or 2 years
imprisonment or both;
In the case of a body corporate,
10 1200 penalty units.
99 Revocation of interim prohibition order
(1) The commissioner must revoke an interim
prohibition order if the commissioner is satisfied
that the order is no longer required to avoid a
15 serious risk to--
(a) the life, health, safety or welfare of a person;
or
(b) the health, safety or welfare of the public.
(2) Revocation of an interim prohibition order must
20 be by order of the commissioner in writing.
(3) As soon as possible after an interim prohibition
order is revoked, the commissioner must--
(a) serve a written copy of the revocation order
on the healthcare provider to whom it
25 applies; and
(b) publish the revocation order in the
Government Gazette and on an Internet site
of the commissioner.
(4) A revocation order takes effect on the service of
30 the order on the healthcare provider to whom it
applies.
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100 Publication of information as to interim prohibition
order
(1) As soon as practicable after an interim prohibition
order is made, the commissioner must publish--
5 (a) the name of the healthcare provider on whom
the order is imposed; and
(b) the effect of the order; and
(c) the date on which the order took effect; and
(d) the date on which the order expires.
10 (2) A publication under subsection (1) must be made
in the Government Gazette and on an Internet site
of the commissioner.
Division 3--Prohibition orders
101 Prohibition order
15 (1) If the commissioner has conducted a code of
conduct investigation about the provision of a
general health care service by a healthcare
provider, the commissioner may make an order--
(a) prohibiting the healthcare provider from
20 providing all or part of the service
permanently or for the period specified by
the commissioner in the order; or
(b) imposing the conditions that the
commissioner is satisfied are appropriate on
25 the provision of all or part of the service by
the healthcare provider, either permanently
or for the period specified by the
commissioner in the order.
(2) As soon as possible after the order is made, the
30 commissioner must serve a written copy of the
order on the healthcare provider to whom it
applies.
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(3) An order under this section takes effect on the
service of the order on the healthcare provider to
whom it applies.
102 Matters to be considered for making prohibition
5 order
The commissioner must not make a prohibition
order--
(a) unless--
(i) the commissioner is satisfied that the
10 healthcare provider has contravened a
general health care service code of
conduct for the provision of the general
health care service; or
(ii) the healthcare provider has been
15 convicted or found guilty of a
prescribed offence; and
(b) unless the commissioner is satisfied that it is
necessary to make the order to avoid a
serious risk to--
20 (i) the life, health, safety or welfare of a
person; or
(ii) the health, safety or welfare of the
public.
103 Offence for contravention of prohibition order
25 A healthcare provider who has been served with a
prohibition order must comply with the order.
Penalty: In the case of a natural person,
240 penalty units or 2 years
imprisonment or both;
30 In the case of a body corporate,
1200 penalty units.
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104 Variation and revocation of prohibition order
(1) The commissioner at any time may revoke a
prohibition order.
(2) The commissioner at any time may vary a
5 prohibition order to reduce the restrictions
contained in the prohibition order.
(3) Revocation or variation of a prohibition order
must be by order of the commissioner in writing.
(4) As soon as possible after a prohibition order is
10 varied or revoked, the commissioner must--
(a) serve a written copy of the variation or
revocation order on the healthcare provider
to whom it applies; and
(b) publish the variation or revocation order in
15 the Government Gazette and on an Internet
site of the commissioner.
(5) A variation or revocation order under this section
takes effect on the service of the order on the
healthcare provider to whom it applies.
20 105 Publication of information as to prohibition order
(1) As soon as practicable after a prohibition order is
made or varied, the commissioner must publish--
(a) the name of the healthcare provider on whom
the order is imposed; and
25 (b) the effect of the order; and
(c) the date on which the order took effect; and
(d) if the order expires on a specified date, that
date.
(2) A publication under subsection (1) must be made
30 in the Government Gazette and on an Internet site
of the commissioner.
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106 Application for VCAT review of decision to impose
prohibition order
(1) A healthcare provider on whom the commissioner
has imposed a prohibition order may apply to
5 VCAT for a review of the commissioner's
decision to impose the order.
(2) An application for review under subsection (1)
must be made within 20 business days after the
later of--
10 (a) the day on which the order is served on the
healthcare provider; or
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
15 decision, the day on which the statement of
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
Division 4--Interstate prohibition
20 107 Offence to provide certain services if prohibited
from doing so in another State or Territory
A person must not provide a general health care
service in Victoria if, in another State or a
Territory of the Commonwealth, the person is
25 prohibited from providing a service in the nature
of the general health care service the person is
providing in Victoria.
Penalty: In the case of a natural person,
240 penalty units or 2 years
30 imprisonment or both;
In the case of a body corporate,
1200 penalty units.
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PART 7--INQUIRIES
108 Power to inquire into referred health care matters
(1) The commissioner may inquire into any broader
health care matter referred to the commissioner
5 by--
(a) a House of the Parliament or a Parliamentary
Committee; or
(b) the Minister.
(2) On completing the inquiry the commissioner may
10 make recommendations about the broader health
care matters dealt with in the inquiry to the person
or body who referred the matter to the
commissioner.
109 Conduct of inquiry
15 (1) In conducting an inquiry under section 108, the
commissioner may hold public hearings.
(2) In conducting a public hearing, the
commissioner--
(a) may take oral or written submissions from
20 the public; and
(b) may send for persons, documents or other
things; and
(c) is bound by the rules of natural justice; and
(d) is not bound by the rules of evidence; and
25 (e) must keep a record of all submissions and
evidence given before the commissioner and
decisions made by the commissioner.
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PART 8--THE COMMISSIONER
Division 1--Appointment, functions and general powers
110 Establishment
There is to be a Healthcare Quality
5 Commissioner.
111 Appointment
The Governor in Council, on the recommendation
of the Minister, may by instrument appoint a
person as the Healthcare Quality Commissioner.
10 112 Remuneration and allowances
The commissioner is entitled to the remuneration
and allowances that are determined from time to
time by the Governor in Council.
113 Terms and conditions of appointment
15 (1) The commissioner--
(a) holds office for the period, not exceeding
5 years, specified in the instrument of
appointment; and
(b) is eligible for reappointment.
20 (2) Subject to this section, the commissioner is
appointed on a full-time or part-time basis, on the
terms and conditions that are specified in the
instrument of appointment.
(3) If the commissioner was immediately before the
25 commissioner's appointment an officer within the
meaning of the State Superannuation Act 1988,
the commissioner continues to be such an officer
during the term of office as the commissioner.
(4) The Public Administration Act 2004 does not
30 apply to the commissioner in respect of the office
of the commissioner.
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114 Acting appointment
(1) The Governor in Council may appoint a person to
act as the commissioner--
(a) during a vacancy in the office of the
5 commissioner; or
(b) during any period when--
(i) the commissioner is absent; or
(ii) the commissioner is for any other
reason unable to perform the duties of
10 office.
Note
Section 41AA of the Interpretation of Legislation Act
1984 provides for the powers in relation to an acting
appointment.
15 (2) The Minister may appoint a person to act as the
commissioner for a period of not more than
1 month during any period when the
commissioner is absent.
(3) A person appointed under subsection (1) is
20 entitled to the remuneration and allowances that
are determined from time to time by the Governor
in Council.
(4) A person appointed under subsection (2) is
entitled to the remuneration and allowances that
25 are determined by the Minister.
(5) While a person is acting as the commissioner the
person has all the powers and may perform all the
functions of the commissioner.
115 Vacancy, resignation
30 The commissioner ceases to hold office if the
commissioner--
(a) resigns by writing delivered to the Minister;
or
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(b) becomes an insolvent under administration;
or
(c) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
5 be an indictable offence; or
(d) nominates for election for the Parliament of
Victoria or of the Commonwealth or of
another State or a Territory of the
Commonwealth; or
10 (e) is removed from office under section 116.
116 Removal from office
The Governor in Council, on the recommendation
of the Minister, may remove the commissioner
from office on any of the following grounds--
15 (a) any misconduct of the commissioner in
carrying out the duties of the office;
(b) a conflict of interest of the commissioner
when carrying out the duties of the office;
(c) any neglect of the commissioner in carrying
20 out the duties of the office;
(d) an inability of the commissioner to perform
the duties of the office;
(e) the commissioner engaging in paid
employment outside the duties of the office
25 without the consent of the Minister;
(f) any other ground on which the Minister is
satisfied that the commissioner is unfit to
hold the office.
117 Validity of decisions
30 A decision of the commissioner is not invalid
merely because of a defect or irregularity in, or in
connection with, the appointment of the
commissioner.
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118 Assistant Healthcare Quality Commissioner
With the approval of the Minister the
commissioner may appoint one or more persons
employed under Part 3 of the Public
5 Administration Act 2004 as Assistant Healthcare
Quality Commissioners.
119 Functions and powers of the commissioner
(1) The commissioner has the following functions--
(a) to assist in the formulation of complaints;
10 (b) to receive complaints;
(c) to determine how complaints should be dealt
with in accordance with this Act;
(d) to deal with complaints in accordance with
this Act;
15 (e) to conduct inquiries in accordance with this
Act;
(f) to publish complaint handling standards;
(g) to provide information and education to
health complaints officers appointed under
20 section 144;
(h) to provide information and education to the
public regarding the health care principles,
the complaint handling standards, the
complaints process and the responsibilities of
25 healthcare providers;
(i) to provide information to the public about
the measures the commissioner may take to
protect the public from any risks posed by
health care;
30 (j) to provide advice to the Minister on or in
relation to any general health care service
code of conduct;
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(k) to conduct and support research in respect of
complaint handling and matters relevant to
the improvement of the quality of health care
systems;
5 (l) to report any findings to the Secretary
relevant to the delivery of health care
identified as a result of the analysis of,
investigation of or dealing with complaints
or the conduct of an inquiry under this Act;
10 (m) any other function conferred on the
commissioner by this or any other Act.
(2) The commissioner has all the powers that are
necessary or convenient to perform his or her
functions under this or any other Act.
15 120 Delegation
The commissioner, by instrument, may delegate to
an assistant commissioner any function or power
of the commissioner under this Act other than this
power of delegation.
20 Note
Section 42A of the Interpretation of Legislation Act 1984
applies to a delegation made under this section.
121 Staff
(1) There may be employed under Part 3 of the
25 Public Administration Act 2004 any employees
that are necessary to assist the commissioner.
(2) The commissioner may enter into agreements or
arrangements for the use of the services of an
expert to assist the commissioner in the
30 performance of his or her functions and powers
under this Act.
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122 Protection from liability for commissioner
(1) The commissioner is not personally liable for any
thing done or omitted to be done in good faith--
(a) in the exercise of a power or the performance
5 of a function under this Act; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the performance of a function under this Act.
(2) Any liability resulting from an act or omission
10 that, but for subsection (1), would attach to the
commissioner attaches instead to the State.
(3) Nothing in this section derogates from the
protection for the commissioner under section 90
or 91.
15 Division 2--Performance of commissioner
123 Guiding principles of the commissioner
The commissioner in carrying out a function or
power under this Act must--
(a) act in a fair, impartial and independent
20 manner; and
(b) act in the public interest; and
(c) encourage complainants and healthcare
providers to participate in the complaint
process; and
25 (d) seek to resolve complaints promptly and
improve the quality of health care; and
(e) as far as is practicable, protect the public
from any serious risk that health care poses
to the health, safety or welfare of the public;
30 and
(f) act in a manner that is transparent,
accountable and consistent; and
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(g) act in an efficient, effective and flexible
manner that avoids unnecessary formality;
and
(h) take as far as practicable the least intrusive
5 and onerous measures that are appropriate in
the circumstances; and
(i) act in a consultative and collaborative
manner to the extent that is consistent with
the carrying out of a function or power.
10 124 Strategic plan
(1) The commissioner must prepare a strategic plan
that--
(a) establishes the priorities and targets to be
met to improve the performance of the
15 commissioner; and
(b) applies for the period that is specified in the
plan.
(2) The commissioner must have regard to the
guiding principles in preparing a strategic plan.
20 (3) The commissioner must prepare a strategic plan
within one year of this section coming into
operation.
(4) Once the strategic plan is prepared the
commissioner must publish the strategic plan on
25 the Internet site of the commissioner.
125 Preparation of practice protocol
(1) The commissioner must prepare a statement in
writing that--
(a) sets out the measures to be taken to enhance
30 the transparency and accountability of the
commissioner; and
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(b) describes the expectations of complainants,
the public and healthcare providers in respect
of the commissioner; and
(c) establishes the measures that are to be
5 applied to ensure that the guiding principles
are given effect.
(2) The commissioner must prepare the statement
within 2 years of this section coming into
operation.
10 (3) Before preparing the statement, the commissioner
must consult with any person that the
commissioner is satisfied has a relevant interest.
(4) The commissioner must have regard to the
guiding principles in developing the statement.
15 126 Approval of practice protocol
(1) The commissioner must give to the Minister for
approval--
(a) the statement once it has been prepared
under section 125; or
20 (b) the statement as amended under section 128.
(2) The Minister may approve a statement prepared
by the commissioner under section 125 or a
statement as amended under section 128.
127 Publication of approved practice protocol
25 The commissioner must publish the practice
protocol that the Minister has approved on the
Internet site of the commissioner.
128 Review of practice protocol
(1) The practice protocol must be reviewed at least
30 once every 3 years by the commissioner in
consultation with any person the commissioner is
satisfied has a relevant interest.
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(2) If a practice protocol reviewed in accordance with
subsection (1) is amended, the amended statement
must be submitted to the Minister for approval
under section 126.
5 Division 3--Information gathering, reports and standards
129 Power to require information to be given
(1) The commissioner may make a written request to
a healthcare provider that the healthcare provider
give to the commissioner the information
10 specified in the request.
(2) The information that may be the subject of a
request under subsection (1) includes any non-
identifying information, data or statistics in
respect of complaints received or dealt with by the
15 healthcare provider.
(3) A request made by the commissioner under
subsection (1) must specify--
(a) the information that the healthcare provider
could reasonably be expected to give to the
20 commissioner; and
(b) a reasonable period of time within which the
healthcare provider must give the
information to the commissioner.
(4) The commissioner may extend the time specified
25 in a request made under subsection (1) within
which a healthcare provider must comply with the
request.
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(5) A healthcare provider must comply with a request
under subsection (1) within the time specified by
the commissioner, unless the healthcare provider
has a reasonable excuse not to do so.
5 Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
50 penalty units.
130 Making public a report or findings
10 The commissioner may from time to time make
available to the public any report of the results
of the analysis of information given under
section 129 or any findings that arose as a result
of the analysis.
15 131 Interim complaint handling standards
(1) Schedule 1 sets out the interim standards for
complaint handling by a healthcare provider.
(2) The commissioner must prepare standards under
section 132 within 2 years of the interim
20 complaint handling standards coming into effect.
(3) The interim complaint handling standards apply to
the handling of complaints by healthcare
providers until complaint handling standards take
effect.
25 132 Standards for complaint handling
(1) The commissioner may prepare standards to be
met by healthcare providers in handling
complaints in respect of the following matters--
(a) the provision of information regarding the
30 making of complaints in an accessible form;
(b) the acknowledgement of complaints in a
prompt manner;
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(c) the requirements to resolve complaints
promptly;
(d) the requirements to keep each complainant
informed about the handling of a relevant
5 complaint;
(e) the requirement to advise each complainant
of the outcome of the relevant complaint;
(f) the requirements in respect of keeping
personal information confidential;
10 (g) the requirements in respect of the keeping of
records of all complaints, complaint handling
and outcomes;
(h) any other matter for or with respect to the
handling of complaints by healthcare
15 providers.
(2) The commissioner may prepare an amendment or
revocation of standards that have been made by
the Governor in Council.
133 Governor in Council may make standards
20 (1) The commissioner must give to the Minister--
(a) standards prepared under section 132; or
(b) an amendment or revocation of standards
prepared under section 132.
(2) On the recommendation of the Minister, the
25 Governor in Council, by order published in the
Government Gazette, may--
(a) make standards for or with respect to the
matters set out in section 132(1); or
(b) amend or revoke standards made under
30 paragraph (a).
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134 Date on which standards take effect
Complaint handling standards made under
section 133 take effect--
(a) on the day that is 20 business days after the
5 day that the order making the standards is
made; or
(b) if a later day is specified in the order making
the standards, on that later day.
135 Review of standards--amendment or revocation
10 (1) The commissioner must review complaint
handling standards at least once every 3 years in
consultation with--
(a) any relevant healthcare provider; and
(b) any other person the commissioner is
15 satisfied has a relevant interest.
(2) The commissioner may recommend to the
Minister that complaint handling standards
reviewed under this section be amended or
revoked.
20 136 Annual reports
(1) The commissioner in respect of each financial
year must cause a report to be laid before each
House of the Parliament on the performance of the
commissioner's functions under this Act during
25 the financial year.
(2) The report must include--
(a) information regarding any notice or order
published or issued by the commissioner
under Part 6 during the financial year; and
30 (b) any information requested by the Minister;
and
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(c) any other information determined by the
commissioner.
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Part 9--Healthcare Quality Council
s. 137
PART 9--HEALTHCARE QUALITY COUNCIL
137 Establishment of the Healthcare Quality Council
The Healthcare Quality Council is established.
138 Membership of the council
5 (1) The council consists of not less than 5 members
and not more than 7 members appointed by the
Minister.
(2) The Minister must ensure that persons appointed
as members have appropriate knowledge and
10 experience to be members of the council.
(3) The Minister must appoint one of the members to
be the chairperson.
(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
15 council in respect of the office of the member.
139 Terms and conditions of office
(1) A member of the council holds office for the
period, not exceeding 3 years, that is specified in
the instrument of appointment of the member.
20 (2) A member of the council is eligible for
reappointment but must not serve more than
9 consecutive years as a member.
(3) A member of the council, other than a member
who is an employee of the public service, is
25 entitled to receive the remuneration and
allowances from time to time fixed by the
Minister in respect of that member that are
specified in the member's instrument of
appointment.
30 140 Quorum and proceedings
(1) A quorum of the council consists of a majority of
the members of the council.
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(2) A resolution may be made at a meeting at which
there is a quorum by a majority of the members
present, unless the rules of the council provide
otherwise.
5 (3) Subject to this Act, the council may regulate its
own proceedings.
141 Resignation and removal
(1) A member of the council may resign that office by
writing signed by the member and addressed to
10 the Minister.
(2) The Minister may at any time remove a member
of the council from office if he or she is satisfied
of any of the following--
(a) that there has been misconduct of the
15 member in carrying out the duties of his or
her office;
(b) that a conflict of interest of the member
existed when carrying out the duties of his or
her office;
20 (c) that there has been neglect of the member in
carrying out the duties of his or her office;
(d) that the member has failed to attend
3 consecutive meetings of the council
without leave from the council;
25 (e) that the member is unable to perform the
duties of his or her office;
(f) that the member has become an insolvent
under administration;
(g) that the member has been convicted of an
30 indictable offence or an offence that, if
committed in Victoria, would be an
indictable offence.
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Part 9--Healthcare Quality Council
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142 Effect of a vacancy or defect
An act or decision of the council is not invalid
only because of--
(a) a vacancy, including an initial vacancy, in its
5 membership; or
(b) a defect or irregularity in the appointment of
its members.
143 Functions of the Healthcare Quality Council
The functions of the council are to--
10 (a) advise the Minister in relation to a statement
submitted by the commissioner for approval
by the Minister as a practice protocol; and
(b) having regard to the practice protocol,
monitor the performance of the
15 commissioner; and
(c) report annually to the Minister, and on any
other occasion at the request of the Minister,
on the performance of the commissioner.
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Part 10--General
s. 144
PART 10--GENERAL
Division 1--Health complaints officers
144 Requirement for health complaints officers
(1) A healthcare provider who employs or engages
5 more than 100 people must employ or engage a
person to co-ordinate and manage the healthcare
provider's dealings with any complaints made
about the provider.
(2) A healthcare provider must not, without
10 reasonable excuse, contravene subsection (1).
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
50 penalty units.
15 Division 2--Disclosure of information
145 Commissioner may give information or copies of
orders to other bodies or jurisdictions
(1) For the purposes of this Act, the National Law or
a relevant Victorian law, the commissioner may
20 give information obtained in the course of
administering this Act that is or may be the
subject of or relevant to a complaint, investigation
or inquiry under the National Law or a relevant
Victorian law to--
25 (a) in the case of the National Law, the
Australian Health Practitioner Regulation
Agency or any relevant National Board; or
(b) in any other case, the person or body
responsible for dealing with the matter under
30 the law.
(2) If the commissioner makes an interim prohibition
order or a prohibition order, the commissioner
may give a copy of the order to--
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Part 10--General
s. 146
(a) the Australian Health Practitioner Regulation
Agency or any relevant National Board; and
(b) any person or body dealing with health care
complaints under the jurisdiction of another
5 State or a Territory of the Commonwealth, if
the person or body has the power to make
orders in the nature of the order.
146 Non-disclosure of information--investigations
(1) A person must not disclose any information
10 gained by that person in the course of a healthcare
quality investigation or a complaints data
investigation, except as authorised under this
section.
Penalty: In the case of a natural person,
15 60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) The commissioner, an assistant commissioner, a
delegate of the commissioner or a member of staff
20 of the commissioner is authorised and may
disclose information to which subsection (1)
applies--
(a) if that person reasonably believes that the
disclosure is necessary for or in connection
25 with the administration of this Act; or
(b) in the following circumstances--
(i) the disclosure is for the purposes of any
legal proceedings arising out of this
Act;
30 (ii) the disclosure is with the written
authority of the Secretary, if the
Secretary reasonably believes it is in
the public interest to do so;
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(iii) the disclosure is with the written
authority of the person to whom the
information relates;
(iv) the disclosure is to the Australian
5 Health Practitioner Regulation Agency
or a relevant National Board and is
made for the purposes of section 145.
147 Non-disclosure of information--complaint
resolution processes
10 (1) The commissioner, an assistant commissioner, a
delegate of the commissioner or a member of the
staff of the commissioner must not disclose any
information gained by that person in the course of
a complaint resolution process (other than a
15 conciliation process), except as authorised under
this section.
Penalty: 60 penalty units.
(2) Despite subsection (1), the commissioner, an
assistant commissioner or a delegate of the
20 commissioner (authorised person) is authorised
and may disclose information to which
subsection (1) applies if--
(a) the authorised person reasonably believes
that the disclosure is necessary for or in
25 connection with the administration of this
Act; or
(b) the disclosure is made with the written
authority of the Secretary, and the Secretary
reasonably believes it is in the public interest
30 to do so; or
(c) the disclosure is made with the written
authority of the person to whom the
information relates; or
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Part 10--General
s. 148
(d) the disclosure is to the Australian Health
Practitioner Regulation Agency or a relevant
National Board and is made for the purposes
of section 145.
5 148 Non-disclosure of information given in conciliation
process
(1) Each of the following persons must not disclose
any information gained in a conciliation process
by the person outside the process--
10 (a) the commissioner;
(b) any assistant commissioner;
(c) any delegate of the commissioner;
(d) any member of the staff of the
commissioner.
15 Penalty: 60 penalty units.
(2) Despite subsection (1), a person listed in
subsection (1) is authorised and may disclose
information to which subsection (1) applies if--
(a) the disclosure is made with the written
20 authority of the person to whom the
information relates; or
(b) the disclosure is made with the written
authority of the Secretary, and the Secretary
reasonably believes it is in the public interest
25 to do so.
149 Non-disclosure of complainant
(1) The commissioner may decide that, as to any
process under this Act, any of the following must
not be disclosed--
30 (a) the name of any complainant;
(b) the name of any person who received or
sought health care;
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(c) the name of any person who was the subject
of conduct dealt with in a code of conduct
investigation or referral investigation;
(d) any identifying information about a person to
5 whom paragraph (a), (b) or (c) applies.
(2) The commissioner must not make a decision
under subsection (1) unless the commissioner is
satisfied that--
(a) there are special circumstances; and
10 (b) it is in the complainant's or the person's
interests not to disclose the information.
(3) In making a decision under this section, the
commissioner must consider whether not
disclosing the information would unreasonably
15 limit another person's right to natural justice.
(4) The commissioner may revoke a decision under
subsection (1) if the commissioner is no longer
satisfied of the matters set out in subsection (2).
Division 3--Protections and representation
20 150 Protection against self-incrimination
It is a reasonable excuse for a natural person to
refuse or fail to give information or do any other
thing that the person is required to do by or under
Part 3, Part 4 or Division 2 or 3 of Part 5, or by or
25 under a warrant or notice issued under Division 2
or 3 of Part 5 if the giving of the information or
the doing of that other thing would tend to
incriminate the person.
151 Legal professional privilege and client legal privilege
30 It is a reasonable excuse for a person to refuse or
fail to give information or do any other thing that
the person is required to do by or under Part 3,
Part 4 or Division 2 or 3 of Part 5, or by or under a
warrant or notice issued under Division 2 or 3 of
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s. 152
Part 5 if the giving of the information or the doing
of that other thing would be a breach of legal
professional privilege or client legal privilege.
152 Representation
5 (1) A person may be accompanied or represented by
another person in relation to any process under
this Act.
(2) If the commissioner so authorises, a person may
be represented by an Australian legal practitioner
10 in relation to any process under this Act.
(3) A person may be represented by an Australian
legal practitioner when the person is giving
evidence to the commissioner or producing
documents to the commissioner under a
15 commissioner hearing notice within the meaning
in Part 5.
Division 4--Offences
153 Offence to threaten etc. complainant
(1) A person must not, by threat or intimidation,
20 persuade or attempt to persuade another person
not to make a complaint under this Act or not to
continue with any process under this Act.
Penalty: In the case of a natural person,
60 penalty units;
25 In the case of a body corporate,
300 penalty units.
(2) A person must not refuse to employ, or dismiss
another person, or subject another person to any
detriment because the other person--
30 (a) intends to make, makes or has made a
complaint under this Act; or
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s. 154
(b) intends to take part in, or takes part in, or has
taken part in any process under this Act.
Penalty: In the case of a natural person,
60 penalty units;
5 In the case of a body corporate,
300 penalty units.
154 Offence to make false statements
A person must not for the purpose of taking part
in any process under this Act or while taking part
10 in any process under this Act make a statement
that is false or misleading in any material
particular.
Penalty: In the case of a natural person,
60 penalty units;
15 In the case of a body corporate,
300 penalty units.
Division 5--General
155 Method of service
If an order, notice or other document is required to
20 be served under this Act, it may be served by--
(a) leaving a copy with the person to be served;
or
(b) if the person does not accept the copy, by
putting the copy down in the person's
25 presence and telling the person the nature of
the order.
156 Regulations
(1) The Governor in Council may make regulations
for or with respect to the following--
30 (a) prescribing codes of conduct for general
health care services that make provision for
or with respect to the following matters--
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(i) the safe and ethical delivery of services;
(ii) the making of false claims;
(iii) the standards of infection control;
(iv) the keeping of records;
5 (v) the giving of correct and accurate
information to the public;
(b) prescribing offences for the purposes of
Part 6;
(c) prescribing services as health care;
10 (d) any matter or thing required by this Act to be
prescribed or necessary to be prescribed to
give effect to this Act.
(2) The regulations may--
(a) be of general or limited application; and
15 (b) differ according to differences in time, place
or circumstances; and
(c) confer a discretionary authority or impose a
duty on a specified person or a specified
class of person.
20 157 Review of Act
(1) The Minister must conduct a review of the
operation of this Act.
(2) The review must be conducted in the fourth year
of the operation of the Act and be a review of the
25 first 3 years of operation of the Act.
(3) On completing the review, the Minister must
cause a report of the review to be tabled before
each House of the Parliament.
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Part 11--Repeals, Transitionals and Consequential Amendments
s. 158
PART 11--REPEALS, TRANSITIONALS AND
CONSEQUENTIAL AMENDMENTS
See: 158 Repeal of Health Services (Conciliation and Review)
Act No. Act 1987
25/1987.
5 Reprint No. 5
as at
The Health Services (Conciliation and Review)
19 May 2011 Act 1987 is repealed.
and
amending
Act No
27/2012.
LawToday:
www.
legislation.
vic.gov.au
159 Consequential and other amendments
On the coming into operation of an item in
Schedule 2, the Act specified in the heading to
10 that item is amended as set out in that item.
160 Transitional provision for repeal of Health Services
(Conciliation and Review) Act 1987
(1) In this section--
old Act means the Health Services (Conciliation
15 and Review) Act 1987 as in force
immediately before the commencement of
section 158.
(2) Despite the commencement of section 158, the old
Act continues to apply to a complaint made under
20 section 16 of that Act that is in existence
immediately before the commencement of
section 158, as if a reference in the old Act to the
Health Services Commissioner (whether by title
or otherwise) were a reference to the Healthcare
25 Quality Commissioner.
(3) Despite the commencement of section 158, the old
Act applies in respect of an act or omission that
occurred before that commencement, being an act
or an omission that is capable of being the subject
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s. 161
of a complaint under the old Act, as if a reference
in the old Act to the Health Services
Commissioner (whether by title or otherwise)
were a reference to the Healthcare Quality
5 Commissioner.
(4) A complaint that was referred to the Health
Services Commissioner under section 46 of the
Health Records Act 2001, and that was in
existence immediately before the commencement
10 of item 8 of Schedule 2, may be dealt with by the
Healthcare Quality Commissioner under the
Health Records Act 2001 as in force on and after
that commencement.
(5) Any action that was being taken and any duty that
15 was being performed by the Health Services
Commissioner under the Health Records Act
2001 before the commencement of item 8 of
Schedule 2, and that was not completed before
that commencement, may be dealt with by the
20 Healthcare Quality Commissioner under the
Health Records Act 2001 as in force on and after
that commencement.
161 Repeal of spent amending provisions
Section 159 and Schedule 2 are repealed on
25 1 July 2016.
Note
The repeal of section 159 and Schedule 2 does not affect the
continuing operation of the amendments made by those provisions
(see section 15(1) of the Interpretation of Legislation Act 1984).
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Sch. 1
SCHEDULES
SCHEDULE 1
Section 131
INTERIM COMPLAINT HANDLING STANDARDS
5 The following interim minimum standards for handling a
complaint apply to a healthcare provider--
(a) that a complaint made by a person about health care
provided to a person or an offer of health care to a
person, be promptly acknowledged and an attempt to
10 resolve the complaint made in a manner that is
appropriate to the circumstances;
(b) that information about how a complaint may be made
and the procedures for making a complaint is to be
provided to a person who is provided or offered health
15 care by the healthcare provider;
(c) that the complaint information is provided in an
accessible and understandable form;
(d) that a person who has made a complaint be informed
of the progress of the complaint and any outcome of
20 the complaint;
(e) that personal information collected in respect of a
complaint be kept in a confidential manner;
(f) that a record of all complaints be kept including any
action taken in respect of a complaint.
__________________
25
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Sch. 2
SCHEDULE 2
Section 159
CONSEQUENTIAL AND OTHER AMENDMENTS
1 Cancer Act 1958
5 1.1 In section 62(8), for "a health service for the
purposes of the Health Services (Conciliation
and Review) Act 1987" substitute "health care
for the purposes of the Healthcare Quality
Commissioner Act 2014".
10 2 Commission for Children and Young People Act
2012
2.1 For section 53(1)(e) substitute--
"(e) the commissioner within the meaning of the
Healthcare Quality Commissioner Act
15 2014;".
3 Corrections Act 1986
3.1 In section 3(1), for the definition of Health
Services Commissioner substitute--
"Healthcare Quality Commissioner means the
20 commissioner within the meaning of the
Healthcare Quality Commissioner Act
2014;".
3.2 In section 47(1)--
(a) in paragraph (j), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in paragraph (m)(v), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
30 3.3 In section 47B(2), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
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4 Crimes Act 1958
4.1 In section 464ZGH(2)(g)(ii), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
5 4.2 In section 464ZGK(2)(g)(ii), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
5 Disability Act 2006
5.1 In section 20(3)(e), for "Health Services
10 Commissioner" substitute "Healthcare Quality
Commissioner within the meaning of the
Healthcare Quality Commissioner Act 2014".
5.2 In section 108(a), for "Health Services
Commissioner" substitute "Healthcare Quality
15 Commissioner".
6 Freedom of Information Act 1982
6.1 In section 5(1), for the definition of Health
Services Commissioner substitute--
"Healthcare Quality Commissioner means the
20 commissioner within the meaning of the
Healthcare Quality Commissioner Act
2014;".
6.2 In the heading to Division 2 of Part VI, for
"Health Services Commissioner" substitute
25 "Healthcare Quality Commissioner".
6.3 In the heading to section 49Q, for "Health
Services Commissioner" substitute "Healthcare
Quality Commissioner".
6.4 In section 49Q--
30 (a) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(b) in subsection (6), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
6.5 In section 50(3C), for "Health Services
5 Commissioner" substitute "Healthcare Quality
Commissioner".
6.6 In section 61M(b)(ii), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
10 7 Health Practitioners (Special Events Exemption)
Act 1999
7.1 In section 17(1), for "Health Services
(Conciliation and Review) Act 1987" substitute
"Healthcare Quality Commissioner Act 2014".
15 8 Health Records Act 2001
8.1 In section 3(1)--
(a) for the definition of Health Services
Commissioner substitute--
"Healthcare Quality Commissioner means
20 the commissioner within the meaning
of the Healthcare Quality
Commissioner Act 2014;";
(b) for the definition of Health Services Review
Council substitute--
25 "Healthcare Quality Council means the
Healthcare Quality Council established
under the Healthcare Quality
Commissioner Act 2014;";
(c) for the definition of registered health service
30 provider substitute--
"registered health practitioner has the same
meaning as in the Health Practitioner
Regulation National Law;";
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(d) for the definition of registration board
substitute--
"registration board means a National Board
established under the Health
5 Practitioner Regulation National Law;".
8.2 In section 20(6)(b), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
8.3 In section 21--
10 (a) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (5)(a), for "Health Services
Commissioner" substitute "Healthcare
15 Quality Commissioner";
(c) in subsection (6), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.4 In the heading to section 22, for "Health Services
20 Commissioner" substitute "Healthcare Quality
Commissioner".
8.5 In section 22--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
25 Quality Commissioner";
(b) in subsection (1)(c), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (2), for "Health Services
30 Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (3)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(e) in subsection (4), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
5 (f) in subsection (5), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.6 In section 23, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
10 8.7 In section 24, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
8.8 In section 26, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
8.9 In section 45--
15 (a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
20 Quality Commissioner";
(c) in subsection (6), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.10 In the heading to section 46, for "Health Services
25 Commissioner" substitute "Healthcare Quality
Commissioner".
8.11 In section 46, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
8.12 In section 47--
30 (a) in subsection (1)(b)(iii), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(b) in subsection (3)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.13 In the heading to section 48, for "Health Services
5 Commissioner" substitute "Healthcare Quality
Commissioner".
8.14 In section 48, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
8.15 In section 49--
10 (a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
15 Quality Commissioner";
(c) in subsection (2)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (3), for "Health Services
20 Commissioner" substitute "Healthcare
Quality Commissioner".
8.16 In section 50--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
25 Quality Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.17 In the heading to section 51, for "Health Services
30 Commissioner" substitute "Healthcare Quality
Commissioner".
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8.18 In section 51--
(a) in subsection (1), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
5 Commissioner";
(b) in subsection (1)(c), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (1)(d), for "Health Services
10 Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (2), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
15 Commissioner";
(e) in subsection (3), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(f) in subsection (4), for "Health Services
20 Commissioner" substitute "Healthcare
Quality Commissioner";
(g) in subsection (5)--
(i) for "Health Services Commissioner's"
substitute "Healthcare Quality
25 Commissioner's";
(ii) for "Health Services Commissioner"
substitute "Healthcare Quality
Commissioner";
(h) in subsection (6), for "Health Services
30 Commissioner" substitute "Healthcare
Quality Commissioner";
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(i) in subsection (7), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
5 (j) in subsection (8), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.19 In section 52--
(a) in subsection (1), for "registered health
10 service provider" substitute "registered
health practitioner";
(b) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
15 (c) in subsection (1)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (2), for "registered health
service provider" (where twice occurring)
20 substitute "registered health practitioner";
(e) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(f) in subsection (3), for "Health Services
25 Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
(g) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
30 Quality Commissioner".
8.20 In the heading to section 53, for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
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8.21 In section 53--
(a) in subsection (1), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
5 Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.22 In section 54(1), for "Health Services
10 Commissioner" substitute "Healthcare Quality
Commissioner".
8.23 In the heading to section 55, for "registered
health service provider" substitute "registered
health practitioner".
15 8.24 In section 55(1), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality Commissioner".
8.25 In section 55(1)(a), for "registered health service
provider" substitute "registered health
20 practitioner".
8.26 In section 56--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
25 (b) in subsection (1)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (1)(b), for "Health Services
Commissioner" substitute "Healthcare
30 Quality Commissioner";
(d) in subsection (1)(c), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(e) in subsection (2)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(f) in subsection (3), for "Health Services
5 Commissioner" substitute "Healthcare
Quality Commissioner";
(g) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
10 (h) in subsection (5), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner".
8.27 In section 57--
15 (a) in subsection (1)--
(i) for "Health Services Commissioner's"
substitute "Healthcare Quality
Commissioner's";
(ii) for "Health Services Commissioner"
20 substitute "Healthcare Quality
Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
25 (c) in subsection (3), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
(d) in subsection (4), for "Health Services
30 Commissioner" substitute "Healthcare
Quality Commissioner".
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8.28 In section 58--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
5 (b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (3), for "Health Services
Commissioner" substitute "Healthcare
10 Quality Commissioner";
(d) in subsection (3)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(e) in subsection (4), for "Health Services
15 Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
(f) in subsection (5), for "Health Services
Commissioner" (wherever occurring)
20 substitute "Healthcare Quality
Commissioner".
8.29 In section 59--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
25 Quality Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.30 In section 60--
30 (a) in subsection (1), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
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(b) in subsection (1)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (1)(b), for "Health Services
5 Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (2), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
10 Commissioner";
(e) in subsection (3), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
15 (f) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.31 In section 61--
(a) in subsection (1)(a), for "Health Services
20 Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (1)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
25 (c) in subsection (1)(c), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.32 In section 63--
(a) in subsection (1), for "Health Services
30 Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(c) in subsection (2)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (2)(b), for "Health Services
5 Commissioner" substitute "Healthcare
Quality Commissioner";
(e) in subsection (3), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
10 Commissioner";
(f) in subsection (4), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
15 (g) in subsection (4)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(h) in subsection (5), for "Health Services
Commissioner" substitute "Healthcare
20 Quality Commissioner";
(i) in subsection (6), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
25 (j) in subsection (7), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
(k) in subsection (8), for "Health Services
30 Commissioner" substitute "Healthcare
Quality Commissioner";
(l) in subsection (10), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
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8.33 In section 64--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
5 (b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (3)(b), for "Health Services
Commissioner" substitute "Healthcare
10 Quality Commissioner";
(d) in subsection (4), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
15 (e) in subsection (5), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(f) in subsection (6), for "Health Services
Commissioner" substitute "Healthcare
20 Quality Commissioner";
(g) in subsection (7), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(h) in subsection (8), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner".
8.34 In section 65--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
30 Quality Commissioner";
(b) in subsection (2)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(c) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (3), for "Health Services
5 Commissioner" substitute "Healthcare
Quality Commissioner";
(e) in subsection (3)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
10 8.35 In section 66--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (2), for "Health Services
15 Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (3), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
20 Commissioner";
(d) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(e) in subsection (5), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner";
(f) in subsection (6), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
30 8.36 In section 67--
(a) in subsection (1), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
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(b) in subsection (1)(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in subsection (1)(b), for "Health Services
5 Commissioner" substitute "Healthcare
Quality Commissioner";
(d) in subsection (2), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
10 Commissioner";
(e) in subsection (3), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
15 (f) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.37 In section 68, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
20 8.38 In section 69(1), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality Commissioner".
8.39 In section 72--
(a) in subsection (1), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (3), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
30 8.40 In section 73(1), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
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8.41 In section 74(1)(a), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
8.42 In section 75(2), for "Health Services
5 Commissioner" substitute "Healthcare Quality
Commissioner".
8.43 In section 78--
(a) in subsection (3), for "Health Services
Commissioner" substitute "Healthcare
10 Quality Commissioner";
(b) in subsection (4), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.44 In section 83(a)(ii), for "Health Services
15 Commissioner" substitute "Healthcare Quality
Commissioner".
8.45 In the heading to section 84, for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
20 8.46 In section 84--
(a) in paragraph (a)(i), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in paragraph (a), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in paragraph (b), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
30 Commissioner";
(d) in paragraph (c), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
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8.47 In section 86(2), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
8.48 In the heading to section 87, for "Health Services
5 Commissioner" substitute "Healthcare Quality
Commissioner".
8.49 In section 87--
(a) for "Health Services Commissioner"
substitute "Healthcare Quality
10 Commissioner";
(b) in paragraph (d), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in paragraph (g)(i), for "Health Services
15 Review Council" substitute "Healthcare
Quality Council";
(d) in paragraph (k), for "Health Services
Commissioner's" substitute "Healthcare
Quality Commissioner's";
20 (e) in paragraph (l)--
(i) for "Health Services Commissioner's"
substitute "Healthcare Quality
Commissioner's";
(ii) for "Health Services Commissioner"
25 substitute "Healthcare Quality
Commissioner";
(f) in paragraph (n), for "Health Services
Review Council" substitute "Healthcare
Quality Council";
30 (g) in paragraph (r), for "Health Services
Commissioner" (where twice occurring)
substitute "Healthcare Quality
Commissioner";
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(h) in paragraph (s), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.50 In section 88, for "Health Services Commissioner"
5 substitute "Healthcare Quality Commissioner".
8.51 In the heading to section 89, for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner".
8.52 In section 89, for "Health Services Commissioner"
10 substitute "Healthcare Quality Commissioner".
8.53 In section 90--
(a) in subsection (1), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
15 Commissioner";
(b) in subsection (2), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
Commissioner";
20 (c) in subsection (3)(a), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
Commissioner";
(d) in subsection (3)(b), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner";
(e) in subsection (4), for "Health Services
Commissioner" (wherever occurring)
substitute "Healthcare Quality
30 Commissioner".
8.54 In section 91--
(a) in subsection (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
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(b) in subsection (2), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner".
8.55 In section 94--
5 (a) in subsection (1)(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subsection (1)(c), for "Health Services
Commissioner" substitute "Healthcare
10 Quality Commissioner".
8.56 In Schedule 1--
(a) in clause 1.1(e)(iii), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
15 (b) in clause 1.1(f), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(c) in clause 2.2(e)(iv), for "Health Services
Commissioner" substitute "Healthcare
20 Quality Commissioner";
(d) in clause 2.2(f)(vi), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(e) in clause 2.2(g)(iii), for "Health Services
25 Commissioner" substitute "Healthcare
Quality Commissioner";
(f) in clause 2.2(h), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
30 (g) in clause 2.2(i), for "registered health service
provider" substitute "registered health
practitioner";
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(h) in clause 2.2(j), for "registered health service
provider" substitute "registered health
practitioner";
(i) in clause 2.5(g), for "Health Services
5 Commissioner" substitute "Healthcare
Quality Commissioner";
(j) in clause 6.1(a), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
10 (k) in clause 6.1(b), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(l) in clause 10.2(b), for "Health Services
Commissioner" substitute "Healthcare
15 Quality Commissioner".
9 Health Services Act 1988
9.1 For section 18B(1)(a) substitute--
"(a) a registered health practitioner within the
meaning of the Health Practitioner
20 Regulation National Law; or".
9.2 In section 65T(4)(a), for "registered provider
within the meaning of the Health Services
(Conciliation and Review) Act 1987" substitute
"registered health practitioner within the meaning
25 of the Health Practitioner Regulation National
Law".
9.3 In section 65ZB(3)(a), for "registered provider
within the meaning of the Health Services
(Conciliation and Review) Act 1987" substitute
30 "registered health practitioner within the meaning
of the Health Practitioner Regulation National
Law".
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9.4 In section 134R(3), for "registered provider within
the meaning of the Health Services (Conciliation
and Review) Act 1987" substitute "registered
health practitioner within the meaning of the
5 Health Practitioner Regulation National Law".
10 Information Privacy Act 2000
10.1 In the heading to section 34A, for "Health
Services Commissioner" substitute "Healthcare
Quality Commissioner".
10 10.2 In section 34A for "Health Services
commissioner" substitute "Healthcare Quality
Commissioner".
11 Mental Health Act 2014
11.1 For section 233(1)(e) substitute--
15 "(e) the Healthcare Quality Commissioner
appointed under the Healthcare Quality
Commissioner Act 2014;"
12 Ombudsman Act 1973
12.1 For section 16L(2)(h) substitute--
20 "(h) the Healthcare Quality Commissioner;".
12.2 For item 9 of Schedule 3 substitute--
"9 The Healthcare Quality Commissioner".
13 Protected Disclosure Act 2012
13.1 For section 16(d) substitute--
25 "(d) the Healthcare Quality Commissioner
appointed under the Healthcare Quality
Commissioner Act 2014.".
14 Public Administration Act 2004
14.1 For section 6(1)(c) substitute--
30 "(c) the office of the Healthcare Quality
Commissioner within the meaning of the
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Healthcare Quality Commissioner Act
2014;".
15 Public Health and Wellbeing Act 2008
15.1 For section 41(1)(b) substitute--
5 "(b) the Healthcare Quality Commissioner under
the Healthcare Quality Commissioner Act
2014, but only for the purposes of an inquiry
being carried out by the Healthcare Quality
Commissioner under section 55 of that Act;".
10 16 Radiation Act 2005
16.1 For section 136(1)(a) substitute--
"(a) the Healthcare Quality Commissioner
appointed under the Healthcare Quality
Commissioner Act 2014;".
15 17 Serious Sex Offenders (Detention and Supervision)
Act 2009
17.1 In section 3, for the definition of health service
provider substitute--
"healthcare provider has the same meaning as in
20 the Healthcare Quality Commissioner Act
2014;".
17.2 In section 3, in the definition of medical expert,
for "health service provider" substitute
"healthcare provider".
25 17.3 For section 142(3)(b)(vii) substitute--
"(vii) the Healthcare Quality Commissioner;".
17.4 In section 142(8), for the definition of Health
Services Commissioner substitute--
"Healthcare Quality Commissioner means the
30 commissioner within the meaning of the
Healthcare Quality Commissioner Act
2014;".
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18 Victims of Crime Assistance Act 1996
18.1 In section 49(2), for "Health Services
Commissioner" substitute "Healthcare Quality
Commissioner under the Healthcare Quality
5 Commissioner Act 2014".
19 Victorian Civil and Administrative Tribunal Act
1998
19.1 In the heading to clause 11F of Part 5B of
Schedule 1, for "Health Services Commissioner"
10 substitute "Healthcare Quality Commissioner".
19.2 In clause 11F of Part 5B of Schedule 1, for
"Health Services Commissioner" substitute
"Healthcare Quality Commissioner".
19.3 In clause 11G of Part 5B of Schedule 1--
15 (a) in subclause (1), for "Health Services
Commissioner" substitute "Healthcare
Quality Commissioner";
(b) in subclause (2), for "Health Services
Commissioner" substitute "Healthcare
20 Quality Commissioner".
19.4 In the heading to clause 11H of Part 5B of
Schedule 1, for "Health Services Commissioner"
substitute "Healthcare Quality Commissioner".
19.5 In clause 11H of Part 5B of Schedule 1, for
25 "Health Services Commissioner" substitute
"Healthcare Quality Commissioner".
19.6 In clause 11I of Part 5B of Schedule 1, for "Health
Services Commissioner" substitute "Healthcare
Quality Commissioner".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571259B.I-2/9/2014 123 BILL LA INTRODUCTION 2/9/2014
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