complaint means a complaint made under section 5, 6 or 7; complaint data review means a review conducted under section 105; complaint data review report means 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 means 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 a complaint resolution process referred to in section 32(1)(b); Council the Health Complaints Commissioner Advisory Council established under section 140;
does not wish to be a party to the complaint; prohibition order means an order made under section 95; public health warning statement means a statement published under section 84(1); referral investigation an investigation under section 46; relevant law means any of the following— Disability Act 2006; Health Records Act 2001; Privacy and Data Protection Act 2014; Mental Health Act 2014; relevant notice or information all or any of the following— copy of a formal description of a complaint under section 17(1) or (2); notice or information under section 13(3), 19(3), 20(3), 21(2), 28(1)(a), (c) or (d) or (2), 49(1) or (3); Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Health and Human Services.
(1) The Commissioner may decide to deal with a complaint in respect of which the Commissioner made a decision under section 14 if— Commissioner becomes aware of new information in respect of that complaint; or Commissioner reasonably believes that further action should be taken in respect of that complaint. (2) If the Commissioner acts under this section the Commissioner must inform any relevant complainant, health service provider and person who received or sought the health service of the action taken as soon as possible after taking it. Note 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 (1) A person may notify the Commissioner that the person does not wish to be a to a complaint if that person is not the complainant. (2) On notice being given to the Commissioner under subsection (1), the person giving the notice is taken not to be a party to the complaint.
The Commissioner may authorise persons to exercise powers under this Act. 63 Authorised persons' identification (1) The Commissioner must issue a document to an authorised person that identifies that person. (2) A document of identification of an authorised person must contain a photograph of the person. 64 Production of identification An authorised person must produce identification for inspection— exercising a power under Division 3; and any time during the exercise of a power under Division 3, if asked to do so. Division 3—Entry and search under warrant 65 Search warrants (1) The Commissioner may apply to a magistrate for the issue of a search warrant for particular premises, if the Commissioner believes on reasonable grounds that there is on the premises evidence that is relevant to an investigation under Part 4.
• Location of "legislative A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Health Complaints Act 2016 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Health Legislation Amendment (Quality and Safety) Act 2017, No. 52/2017 Assent Date: 24.10.17 Commencement Date: S. 97 on 25.10.17: s. 2(1) Current State: This information relates only to the provision/s amending the Health Complaints Act 2016 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This publication does not include amendments made to the Health Complaints Act 2016 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Health Complaints Act 2016, Act No. 22/2016 Assent Date: 3.5.16 Commencement Date: S. 254 on 1.2.17: s. 2(2) Note: S. 254 repeals Pt 15 (ss 160–254) on 1.2.18: s. 254