Health Complaints Act 1995 (Tas)

Health Complaints Act 1995

An Act to provide for the making, conciliation, investigation and resolution of complaints against health service providers, to make provision in respect of the rights and responsibilities of health service users and providers and for related purposes [Royal Assent 24 November 1995]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Health Complaints Act 1995 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – Charter means the Charter of Health Rights developed, and as varied from time to time, under Part 3 ; child means a person who has not attained the age of 18 years; code of conduct means a code of conduct prescribed under section 56AAA ; Commissioner means the Health Complaints Commissioner appointed under section 5 ; committee means a committee established under section 10 ; complaint means – (a) a complaint made under Part 4 ; or (b) any issue arising out of that complaint; complainant means a person who makes a complaint; conciliator means a conciliator appointed under section 15 ; confidential information includes – (a) information about the identity, occupation or whereabouts of the complainant, health service user or health service provider to which a complaint, investigation or inquiry relates or of any person who assists an investigation or inquiry; and (b) information disclosed by a complaint; and (c) information of personal concern to an individual; and (d) information that, if disclosed, may cause detriment to a person; exempt information means information of a kind that is prescribed to be exempt information; functions includes duties; Government department has the same meaning as in the State Service Act 2000 ; health care worker means a person who provides, or holds himself or herself out as being able to provide, a health service on a paid or voluntary basis and who – (a) is not a registered health practitioner (including a person who is de-registered); or (b) is a registered health practitioner but provides a health service that is unrelated to his or her registration; or (c) is a student, within the meaning of the Health Practitioner Regulation National Law (Tasmania), but provides a health service that is unrelated to his or her area of study; or (d) is a student of an unregistered health profession; Health Department means the responsible Department in relation to the Health Act 1997 ; Health Minister means the Minister to whom the administration of the Health Act 1997 is assigned; health service means – (a) a service provided to a person for, or purportedly for, the benefit of human health – (i) including services specified in Part 1 of Schedule 1 ; but (ii) excluding services specified in Part 2 of Schedule 1 ; or (b) an administrative service directly related to a health service specified in paragraph (a) – but does not include a service that is prescribed by the regulations as not being a health service; health service provider means – (a) a person who provides a health service; or (b) a person who holds himself, herself or itself out as being able to provide a health service; or (c) a health care worker; or (d) a registered health practitioner; health service user means a person who uses or receives a health service; interim prohibition order means an order made under section 56AAB ; local registration board means a body specified in Schedule 2 ; National Board means a National Health Practitioner Board established by the Health Practitioner Regulation National Law (Tasmania); notification has the same meaning as in the Health Practitioner Regulation National Law (Tasmania) and includes part of a notification; Ombudsman has the same meaning as in the Ombudsman Act 1978 ; prescribed means prescribed by this Act or the regulations; professional mentor means a professional mentor appointed under section 15 ; prohibition order means an order made under section 56AAC ; public authority means an incorporated or unincorporated body or authority, other than a Government department – (a) which is established by or under an Act or the Royal Prerogative; and (b) which comprises, or of which the governing body comprises, wholly or partly, persons appointed by the Governor, a Minister of the Crown or another public authority; public warning statement means a statement prepared and published in accordance with section 56AAE ; register includes license, approve, admit, certify (including by way of practising certificate), or authorize in any other manner a person, as required by or under any law, to provide a health service or practise as a practitioner of a health service; registered health practitioner means a health practitioner registered by a registration board; registration board means a National Board or a local registration board; regulations means regulations made and in force under this Act; relevant law means a law prescribed by the regulations as a relevant law; relevant registration board, in relation to a person, means a registration board that has registered that person; staff member means a person appointed or employed under section 14 or 15 (2) .