218 Who are the parties to a proceeding? 120 219 What may the Tribunal decide? 120 220 Persons not to be persuaded not to exercise rights under Act 120 221 Heading to section 84 amended 120 222 Failure to attend etc. before Health Services 223 Protection from liability 121 224 Heading to section 87 amended 121 225 Functions of Health Services Commissioner 121 226 Powers 122 227 Heading to section 89 amended 122 228 Health Services Commissioner to have regard to certain matters 122 229 Secrecy 123 230 Delegation 123 231 Prosecutions 124 232 Schedule 1 amended 124 Division 10—Amendment of the Health Services Act 1988 125 233 Case mix auditors 125 234 Directors 125 235 Community advisory committee 126 236 Members of the Council 126 Division 11—Amendment of the Judicial Commission of Victoria Act 2016 126 237 Schedule 1 amended 126 Division 12—Amendment of the Mental Health Act 2014 126 238 Referred complaints 126 Division 13—Amendment of the Ombudsman Act 1973 127 239 Schedule 3 amended 127 Division 14—Amendment of the Privacy and Data Protection Act 2014 127 240 Commissioner may refer complaint 127 Division 15—Amendment of the Protected Disclosure Act 2012 127 241 Disclosures that must be made to the IBAC or the Ombudsman 127 Division 16—Amendment of the Public Administration Act 2004 127 242 What are special bodies? 127
3 Definitions (1) In this Act— approved practice protocol means a practice protocol approved by the Minister under section 125; Assistant Commissioner means a person employed as an Assistant Health Complaints Commissioner under section 121; Australian Health Practitioner Regulation Agency the Australian Health Practitioner Regulation Agency established by section 23 of the National Law; authorised person means a person authorised by the Commissioner under section 62; carer has the same meaning as in the Carers Recognition Act 2012; code of conduct means— general code of conduct; and code of conduct in respect of a general health service that is prescribed by the regulations; Commissioner means the Health Complaints Commissioner appointed under section 111; Commissioner initiated investigation means an investigation under section 47;
complaint a complaint made under section 5, 6 or 7; complaint data review means a review conducted under section 105; complaint data review report a report prepared under section 107; complaint handling standards means— made by the Governor in Council under section 133 or 136; or interim standards referred to in section 131(1), for the period during which the interim standards apply under section 131(2); complaint investigation means an investigation under section 45; complaint resolution process a process by which the Commissioner may seek an agreed resolution of a complaint under section 32(1); complainant means a person who makes a complaint under section 5, 6 or 7; conciliation means a complaint resolution process referred to in section 32(1)(b); Council means the Health Complaints Commissioner Advisory Council established under section 140;
on the completion of the investigation under Part 4 the Commissioner finds that the general health service provider did not contravene any code of conduct applying to the general health service. (3) Revocation of a general health service warning statement under subsection (2) must be by publication of a statement setting out the reason for the revocation of the statement. (4) A statement under subsection (1) or (3) must be published in a newspaper circulating throughout the State and on the Internet site of the Commissioner. 89 Correction of general health service warning statement (1) If the Commissioner a general health service warning statement to be incorrect, the Commissioner must publish a correction statement setting out the reason for the correction. (2) A statement subsection (1) must be published in a newspaper circulating throughout the State and on the Internet site of the Commissioner. Division 1—Interim prohibition orders
177 Complaints about visiting health practitioners In section 17(1) of the Health Practitioners (Special Events Exemption) Act 1999, for "Health Services (Conciliation and Review) Act 1987" substitute "Health Complaints Act 2016". Division 9—Amendment of the Health Records Act 2001 178 Definitions In section 3(1) of the Health Records Act 2001— definitions of Health Services Commissioner and Health Services Review Council are repealed; the following definitions— "Health Complaints Commissioner means the Commissioner within the meaning of the Health Complaints Act 2016; Health Complaints Commissioner Advisory Council means the Council within the meaning of the Health Complaints Act 2016;"; definition of registered health service provider is repealed; the following definition—