Health Care Complaints Act 1993 (NSW)

Health Care Complaints Act 1993 No 105

An Act to provide for the making, resolution, investigation and prosecution of health care complaints; to constitute a joint committee of members of Parliament, the Health Care Complaints Commission and the Health Conciliation Registry and to specify their functions; to amend certain Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act may be cited as the Health Care Complaints Act 1993.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Object and principle of administration of Act (1) The primary object of this Act is to establish the Health Care Complaints Commission as an independent body for the purposes of— (a) receiving and assessing complaints under this Act relating to health services and health service providers in New South Wales, and (b) investigating and assessing whether any such complaint is serious and if so, whether it should be prosecuted, and (c) prosecuting serious complaints, and (d) resolving or overseeing the resolution of complaints. (2) In the exercise of functions under this Act the protection of the health and safety of the public must be the paramount consideration.

3A Outline of role and principles of Commission and related government agencies in health care system (1) This section provides an outline of the Commission's role in relation to government agencies with functions in connection with the health care system. (2) Health Care Complaints Commission The Commission is an independent body with responsibility for dealing with complaints under this Act, with particular emphasis on the investigation and prosecution of serious complaints in consultation with appropriate professional councils. (3) Health Secretary The Health Secretary is responsible for— (a) facilitating the achievement and maintenance of adequate standards of patient care within public hospitals and in relation to other services provided by the public health system, and (b) inquiring into the administration, management and services of public health organisations and arranging, as appropriate, inspection of such organisations, and (c) developing and overseeing the implementation of health policy and regulation and responding to policy and regulatory issues as they emerge. (4) Public health organisations conducting health services Public health organisations have the functions set out in Chapter 2 of the Health Services Act 1997. They are responsible for achieving and maintaining adequate standards of patient care and services, which may include a role in resolving complaints at a local level. Their role involves liaising with the Commission and professional councils. (5) Registration authorities Registration authorities are responsible for the registration of health professionals. (5A) Professional councils Professional councils are responsible for the management of complaints in conjunction with the Commission and protecting the public through promoting and maintaining professional standards. (5B) Principles The Commission and other government agencies with functions in connection with health care complaints under this Act are, in carrying out those functions, to have regard to the following principles— (a) the Commission and those government agencies are to be accountable to the New South Wales community, (b) the decision-making processes are to be open, clear and understandable for clients and health service providers, (c) an acceptable balance is to be maintained between protecting the rights and interests of clients and health service providers, (d) the processes of the Commission and those government agencies are to be effective in protecting the public from harm, (e) the Commission and those government agencies are to strive to improve the efficiency of the administration of those functions so as to benefit the New South Wales community, (f) the Commission and those government agencies are to be flexible and responsive as the health care system evolves and changes. (6) This section is explanatory only and does not affect any other provision of this Act, or any other Act, or any instrument made under this or any other Act.