(1) After hearing the evidence and representations that the parties to a complaint desire to adduce or make, the Tribunal may—
(a) find the complaint or any part of it proven and make any one or more of the following orders—
(i) an order that the respondent provide the complainant with access to health information that relates to the complainant;
(ii) an order restraining the respondent, or the organisation of which the respondent is the committee of management, from repeating or continuing any act or practice the subject of the complaint which the Tribunal has found to constitute an interference with the privacy of an individual;
(iii) an order that the respondent perform or carry out any reasonable act or course of conduct to redress any loss or damage suffered by the complainant, including injury to the complainant's feelings or humiliation suffered by the complainant, by reason of the act or practice the subject of the complaint;
(iv) an order that the complainant is entitled to a specified amount, not exceeding $100 000, by way of compensation for any loss or damage suffered by the complainant, including injury to the complainant's feelings or humiliation suffered by the complainant, by reason of the act or practice the subject of the complaint; or
(b) find the complaint or any part of it proven but decline to take any further action in the matter; or
(c) find the complaint or any part of it not proven and make an order that the complaint or part be dismissed; or
(d) in any case, make an order that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the proceedings held in respect of it under this Act.
(2) In an order under subparagraph (ii) or (iii) of subsection (1)(a) arising out of a breach of HPP 6.5, 6.6 or 6.7, the Tribunal may include an order that—
(a) an organisation or respondent make an appropriate correction to the health information; or
(b) an organisation or respondent attach to the health information a statement provided by the complainant of a correction sought by the complainant; or
(c) an organisation or respondent place the incorrect information on a record which is not generally available to anyone involved in providing health services to the complainant and to which access is restricted.
S. 78(3) amended by No. 22/2016 s. 219(a).
(3) If an order of the Tribunal relates to a public register, the Health Complaints Commissioner must, as soon as practicable after its making, report the order to the Minister responsible for the public sector agency or Council that administers that public register.
S. 78(4) amended by No. 22/2016 s. 219(b).
(4) The Health Complaints Commissioner may include
in a report under subsection (3) recommendations in relation to any matter
that concerns the need for, or the desirability of, legislative or
administrative action in the interests of privacy of individuals.