HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016)

Victorian Numbered Acts

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HEALTH COMPLAINTS ACT 2016 (NO. 22 OF 2016)

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. Health service principles

PART 2--COMPLAINTS

Division 1--Making a complaint

5. Complaint by person who received or sought a health service
6. Complaint about health service received or sought by another person
7. Complaint by carer
8. Time for making a complaint
9. Complaint may be either oral or in writing
10. Record of complaint
11. Commissioner to assist persons to make complaints
12. Preliminary complaint resolution
13. Decision whether to deal with complaint

Division 4--of Part 2 provides for the deferral of the giving of this notice in certain circumstances.

14. Grounds for not dealing with complaints
15. Formal description of complaint
16. Alteration or variation of formal description of complaint
17. Copy of formal description of complaint to be given to health service provider

Division 4--of Part 2 provides for the deferral of the giving of a copy of a formal description of a complaint under this section in certain circumstances.

18. Commissioner may request more information
19. Commissioner may divide or concurrently deal with complaints

Division 4--of Part 2 provides for the deferral of the giving of this notice in certain circumstances.

20. Commissioner decision as to how to deal with complaint

Division 4--of Part 2 provides for the deferral of the giving of this notice in certain circumstances.

21. Decision to deal with a refused complaint

Division 4--of Part 2 provides for the deferral of the giving of this information in certain circumstances.

22. Notification by person who does not wish to be a party
23. Withdrawal of complaint
24. Effect of withdrawal of complaint

Division 3--Referral of complaints

25. Referral of complaint if another Act applies
26. Complaint to which National Law may also apply
27. Commissioner may continue to exercise certain functions and powers despite referral
28. Commissioner to notify referral of complaint

Division 4--of Part 2 provides for the deferral of the giving of a notice under this section in certain circumstances.

Division 4--Deferral of notifications

29. Deferral of notifications by Commissioner
30. Deferral of notifications at request of National Board
31. Deferral of notifications at request of Disability Services Commissioner

PART 3--COMPLAINT RESOLUTION PROCESS

Division 1--Complaint resolution process

32. Complaint resolution process
33. Notice of complaint resolution process
34. Parties withdrawal of agreement to complaint resolution process
35. Health service provider may be required to respond
36. Commissioner's power to extend time limit
37. Conciliation of the whole or a part of a complaint
38. Outcome of complaint resolution process
39. Reporting on undertakings to Commissioner
40. Conciliation
41. Health service provider may be required to produce documents in conciliation
42. Extension of time to produce documents
43. Confidentiality of information given or agreement reached in conciliation process
44. Completion of conciliation

PART 4--INVESTIGATIONS BY THE COMMISSIONER

Division 1--Investigations

45. Investigation of complaints by Commissioner
46. Investigation of matter referred by Minister
47. Power of Commissioner to conduct a Commissioner initiated investigation
48. Commencement of Commissioner initiated investigation
49. Notice of investigation under this Division

Division 4--of Part 2 provides for the deferral of the giving of notice under this section in certain circumstances.

50. Commissioner's report on an investigation under this Division
51. Persons to whom report on an investigation under this Division to be given
52. Response by health service provider

Division 2--Follow up investigation

53. Power of Commissioner to conduct a follow up investigation
54. Notice of follow up investigation
55. Commencement of follow up investigation
56. Commissioner's report on follow up investigation
57. Persons to whom report on follow up investigation to be given
58. Response by health service provider

PART 5--CONDUCT OF INVESTIGATIONS, INVESTIGATORY POWERS AND RELATED MATTERS

Division 1--Conduct of investigations

59. Principles applying to all investigations
60. Requirements if there is no hearing
61. Requirements if there is a hearing

Division 2--Authorised persons

62. Authorised persons
63. Authorised persons' identification
64. Production of identification

Division 3--Entry and search under warrant

65. Search warrants
66. Announcement before entry
67. Details of warrant to be given to occupier
68. Offence to hinder or obstruct person executing warrant

Division 4--Powers as to production of documents and things, attendance of witnesses and obtaining evidence

69. Power to compel production of documents and things or attendance of witnesses
70. Offence to fail to comply with investigation hearing notice
71. Variation of investigation hearing notice
72. Power to take evidence on oath or affirmation
73. Powers in relation to documents and things

PART 6--PROTECTIONS AND REPRESENTATIONS FOR PERSONS ACTING UNDER THIS ACT

74. Compellability of Commissioner or member of staff
75. Protection of participants
76. Protection for people making a complaint
77. Protection against self incrimination
78. Legal professional privilege and client legal privilege
79. Representation
80. Offence to threaten etc. complainant
81. Offence to make false statements

PART 7--STATEMENTS

Division 1--Follow up statements

82. Statement about failure to give written response
83. Submissions on publication of follow up statement

Division 2--Public interest statements

84. Public health warning statements
85. Revocation of public health warning statement
86. Correction of public health warning statement
87. General health service warning statements
88. Revocation of general health service warning statement
89. Correction of general health service warning statement

PART 8--PROHIBITION OR REGULATION OF THE PROVISION OF GENERAL HEALTH SERVICES

Division 1--Interim prohibition orders

90. Power to make an interim prohibition order
91. Matters to be considered for making interim prohibition order
92. Publication of information as to interim prohibition order
93. Offence for contravention of interim prohibition order
94. Revocation of interim prohibition order

Division 2--Prohibition orders

95. Power to make a prohibition order
96. Matters to be considered for making prohibition order
97. Publication of information as to prohibition order
98. Offence for contravention of prohibition order
99. Variation of prohibition order
100. Revocation of prohibition order

Division 3--Review of orders and offence

101. Application for VCAT review of decision to impose interim prohibition order or prohibition order
102. Offence to provide certain services if prohibited from doing so in another State or Territory

PART 9--INQUIRIES

103. Power to inquire into referred health service matters
104. Conduct of inquiry

PART 10--COMPLAINT DATA REVIEW

105. Power to conduct a complaint data review
106. Conduct of a complaint data review
107. Commissioner's report on complaint data review
108. Persons to whom complaint data review report to be given
109. Response by health service provider

PART 11--HEALTH COMPLAINTS COMMISSIONER

Division 1--Appointment, terms and conditions

110. Health Complaints Commissioner
111. Appointment
112. Remuneration
113. Terms and conditions of appointment
114. Acting appointment
115. Vacancy and resignation
116. Removal from office
117. Validity of decisions

Division 2--Functions and powers

118. Functions and powers of the Commissioner
119. Recommendations to the Commissioner
120. Power to delegate
121. Staff
122. Protection from liability for Commissioner and Assistant Commissioners

Division 3--Performance of the Commissioner

123. Guiding principles of the Commissioner
124. Preparation of practice protocol
125. Approval of practice protocol
126. Publication of approved practice protocol
127. Review of approved practice protocol
128. Amended practice protocol after review

Division 4--Information gathering, reports and standards

129. Power to require information to be given
130. Making public a report or findings
131. Interim complaint handling standards
132. Standards for complaint handling
133. Making of standards
134. Review of standards
135. Amendment or revocation of standards
136. Amending or revoking complaint handling standards
137. Date on which order takes effect
138. Annual report
139. Giving the report to Parliament

PART 12--HEALTH COMPLAINTS COMMISSIONER ADVISORY COUNCIL

140. Establishment of Health Complaints Commissioner Advisory Council
141. Membership of the Council
142. Terms and conditions of office
143. Quorum and proceedings
144. Resignation and removal
145. Ceasing to hold office
146. Effect of a vacancy or defect
147. Functions of the Health Complaints Commissioner Advisory Council

PART 13--GENERAL

Division 1--Disclosure of information

148. Commissioner may give information or copies of orders to other bodies or jurisdictions
149. Commissioner is authorised to receive information under the National Law
150. Non-disclosure of information—investigations, complaint data reviews
151. Non-disclosure of information—complaint resolution processes
152. Non-disclosure of information given in conciliation
153. Non-disclosure of identifying information

Division 2--General code of conduct

154. General code of conduct

Division 3--Criminal record check

155. Criminal record check

Division 4--General matters and regulations

156. Method of service
157. Review of Act
158. Regulations

PART 14--TRANSITIONAL PROVISIONS

159. Transitional provision for repeal of Health Services (Conciliation and Review) Act 1987

PART 15--REPEAL AND CONSEQUENTIAL AMENDMENTS

Division 1--Repeal of the Health Services (Conciliation and Review) Act 1987

160. Repeal of the Health Services (Conciliation and Review) Act 1987

Division 2--Amendment of the Assisted Reproductive Treatment Amendment Act 2016

161. Definitions
162. New sections 100A and 100B inserted

Division 3--Amendment of the Commission for Children and Young People Act 2012

163. Disclosing information to other authorities

Division 4--Amendment of the Corrections Act 1986

164. Definitions
165. Prisoners rights
166. Certain confidential letters may be inspected

Division 5--Amendment of the Crimes Act 1958

167. Use of information on Victorian DNA database
168. Disclosure of Victorian information

Division 6--Amendment of the Disability Act 2006

169. Constitution of the Disability Services Board
170. Application of Division

Division 7--Amendment of the Freedom of Information Act 1982

171. Definitions
172. Division 2 of Part VI heading amended
173. Section 49Q heading amended
174. Conciliation by Health Services Commissioner
175. Applications for review by the Tribunal
176. Complaints notified or referred by other bodies

Division 8--Amendment of the Health Practitioners (Special Events Exemption) Act 1999

177. Complaints about visiting health practitioners

Division 9--Amendment of the Health Records Act 2001

178. Definitions
179. Application of HPPs
180. Organisation to comply with HPPs
181. Heading to section 22 amended
182. Health Services Commissioner may issue, approve or vary guidelines
183. Revocation of issue or approval
184. Disallowance by Governor in Council
185. No access to health information where threat to life or health of individual or another person
186. Complaints
187. Heading to section 46 amended
188. Complaint referred to Health Services Commissioner
189. Complaints by children and people with an impairment
190. Heading to section 48 amended
191. Health Services Commissioner must notify respondent
192. Preliminary assessment of complaint
193. Splitting complaints
194. Heading to section 51 amended
195. Circumstances in which Health Services Commissioner may decline to entertain complaint
196. Referral to registration board
197. Heading to section 53 amended
198. Health Services Commissioner may dismiss stale complaint
199. Minister may refer a complaint direct to Tribunal
200. Heading to section 55 amended
201. Complaint about registered health service provider
202. What happens if a complaint is accepted?
203. What happens if conciliation or ruling is inappropriate?
204. Duty to stop proceedings
205. Conciliation process
206. Power to obtain information and documents
207. Conciliation agreements
208. What happens if conciliation fails?
209. Investigation and ruling
210. Referral to Tribunal
211. Compliance notice
212. Power to obtain information and documents
213. Conduct of investigation etc.
214. Power to examine witnesses
215. Application for review—compliance notice
216. Tribunal may make interim orders before hearing
217. When may the Tribunal hear a complaint?
218. Who are the parties to a proceeding?
219. What may the Tribunal decide?
220. Persons not to be persuaded not to exercise rights under Act
221. Heading to section 84 amended
222. Failure to attend etc. before Health Services Commissioner
223. Protection from liability
224. Heading to section 87 amended
225. Functions of Health Services Commissioner
226. Powers
227. Heading to section 89 amended
228. Health Services Commissioner to have regard to certain matters
229. Secrecy
230. Delegation
231. Prosecutions
232. Schedule 1 amended

Division 10--Amendment of the Health Services Act 1988

233. Case mix auditors
234. Directors
235. Community advisory committee
236. Members of the Council

Division 11--Amendment of the Judicial Commission of Victoria Act 2016

237. Schedule 1 amended

Division 12--Amendment of the Mental Health Act 2014

238. Referred complaints

Division 13--Amendment of the Ombudsman Act 1973

239. Schedule 3 amended

Division 14--Amendment of the Privacy and Data Protection Act 2014

240. Commissioner may refer complaint

Division 15--Amendment of the Protected Disclosure Act 2012

241. Disclosures that must be made to the IBAC or the Ombudsman

Division 16--Amendment of the Public Administration Act 2004

242. What are special bodies?

Division 17--Amendment of the Public Health and Wellbeing Act 2008

243. Disclosure of information held by a prescribed Consultative Council

Division 18--Amendment of the RadiationAct 2005

244. Disclosure of information to other agencies

Division 19--Amendment of the Serious Sex Offenders (Detention and Supervision) Act 2009

245. Definitions
246. Search

Division 20--Amendment of the Victims of Crime Assistance Act 1996

247. Complaints about service providers

Division 21--Amendment of the Victorian Civil and Administrative Tribunal Act 1998

248. Heading to clause 11F amended
249. Intervention by Health Services Commissioner
250. Notification in other proceedings
251. Heading to section 11H amended
252. Health Services Commissioner may apply for interim injunction
253. Compulsory conference

Division 22--Repeal of Part

254. Repeal of this Part
SCHEDULE 1
SCHEDULE 2
ENDNOTES

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