Health and Community Services Complaints Act 2004 (SA)

South Australia Health and Community Services Complaints Act 2004 An Act to provide for the making and resolution of complaints against health or community service providers; to make provision in respect of the rights and responsibilities of health and community service consumers and providers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation Part 2—Health and Community Services Complaints Commissioner Division 1—Appointment and conditions of office 5 Appointment 6 Term of office and conditions of appointment 7 Remuneration 8 Temporary appointments Division 2—Functions and powers 9 Functions 10 Powers 11 Independence Division 3—Committees 12 Committees Division 4—Appointment of conciliators and professional mentors 13 Appointment of conciliators and professional mentors Division 5—Other matters 14 Staff 16 Annual report 17 Other reports 18 Immunity Part 3—Charter of Health and Community Services Rights 19 Development of Charter 20 Review of Charter 21 Consultation 22 Content of Charter 23 Approval of Charter Part 4—Complaints Division 1—Making a complaint 24 Who may complain 25 Grounds on which complaint may be made 26 Form of complaint 27 Time within which a complaint may be made 28 Further information may be required Division 1A—Certain complaints to be referred to Ombudsman 28A Commissioner to refer certain complaints to Ombudsman Division 2—Assessment 29 Assessment 30 Preliminary inquiries 31 Provision of documents etc on referral of complaint 32 Splitting or joining of complaints Division 3—No further action on complaint 33 No further action on complaint Division 4—Miscellaneous 34 Withdrawal of complaint Part 5—Conciliation of complaints 35 Function of conciliator 36 Public interest 37 Assistance at conciliation 38 Reports from conciliator 39 Conciliation may be brought to an end 40 Privilege and confidentiality 41 Professional mentor 42 Enforceable agreements Part 6—Investigations Division 1—Application of Part 43 Matters that may be investigated 44 Limitation of powers Division 2—Conduct of investigations 45 Conduct of investigation 46 Representation 47 Use and obtaining of information 48 Power to examine witnesses etc 49 Search powers and warrants 50 Reimbursement of expenses 51 Reference to another authority for investigation 52 Possession of document or other seized item Division 3—Privilege 53 Privilege Division 4—Action on investigation 54 Reports 55 Notice of action to providers 56 Right of review Division 5—Action against certain health service providers 56A Codes of conduct 56B Interim action 56C Commissioner may take action 56D Commissioner to provide details 56E Review 56EA Requirement to comply with interstate orders in this State 56F Related matters Part 7—Relationship between Commissioner and registration authorities 57 Complaints received by Commissioner that relate to registered service providers 58 Referral of complaint to registration authority 59 Action on referred complaints 60 Referral of complaint to Commissioner 61 Action on investigation reports 62 Information from registration authority 63 Information to registration authority 64 Assistance with proceedings 65 Interim action on a complaint 66 Further action by registration authority Part 9—Miscellaneous 72 Delegation 73 Adverse comments in reports 74 Protection of identity of service consumer or complainant from service provider 75 Preservation of confidentiality 76 Returns by prescribed providers 77 Returns by registration authorities and prescribed bodies 78 Offence relating to intimidation 79 Offence relating to reprisals 80 Offences relating to obstruction etc 81 Offences relating to the provision of information 82 Protection of certain information 83 Protection from civil actions 84 Informality of procedures 85 Determining reasonableness of health or community service provider's actions 86 Interaction with Ombudsman Act 1972 86A Assistance to other agencies 87 Regulations 88 Review of Act 89 Transitional provisions Legislative history