circumstances and the Commissioner thinks it is in the complainant's interest to do so. 18 Representation s. 18 (1) Neither a person who complains to the Commissioner nor a provider may be represented by another person during the conciliation process unless in the Commissioner's opinion the process will not work effectively without that representation. (2) A person required to appear before, or to produce documents to the Commissioner during the investigation of a complaint may be represented by another person. 19 Preliminary assessment of complaints S. 19(1) amended by No. 75/2001 s. 11(1). (1) The Commissioner must reject a complaint which in the Commissioner's opinion is frivolous, vexatious, misconceived or lacking in substance or does not warrant investigation. S. 19(2) amended by Nos 75/2001 s. 11(2)(a)–(c), 77/2008 s. 129(Sch. 2 item 11). (2) If an issue raised in a complaint has already been determined by a court or the Victorian Civil and Administrative Tribunal or an industrial tribunal or a registration board, the Commissioner must reject the complaint to the extent to which it relates to that issue unless in the Commissioner's opinion it relates to matters which were not raised before the court, Tribunal, industrial tribunal or board. (3) The Commissioner must reject a complaint about an incident which occurred more than 12 months before the complaint is made if in the Commissioner's opinion the person who made the complaint has not shown good reason for the delay. (4) The Commissioner may reject a complaint if, when asked, the person who complained to the Commissioner does not—
24 Registration boards to give information s. 24 (1) If, in the exercise of its powers, a registration board investigates or deals with a complaint concerning the provision of a health service by a provider the board must report to the Commissioner— (a) at such times as the Commissioner specifies by written notice given to the board; and (b) at such other times as the board considers necessary to keep the Commissioner informed— about the progress and results of its proceedings. (2) A registration board must include in a report under subsection (1)— (a) details of the nature of the complaint; and (b) details of responses or submissions which the provider makes to the board; and (c) details of the board's decision on the complaint; and (d) such other information as the Commissioner by written notice given to the board requires the board to include. S. 24(3) inserted by No. 42/1991 s. 10. (3) Before a registration board deals with a complaint about any of the matters set out in section 16, the board must give a copy of the complaint to the Commissioner. S. 24(4) inserted by No. 42/1991 s. 10. (4) If a complaint relates to any of the matters set out in section 16, the registration board and the Commissioner may agree that the complaint is suitable for conciliation under this Act. S. 24(5) inserted by No. 42/1991 s. 10. (5) If the registration board and the Commissioner agree that the complaint is suitable for conciliation, the complaint is to be treated as if it were a complaint under this Act.
S. 24(6) inserted by No. 42/1991 s. 10. (6) If the registration board and the Commissioner do not agree that the complaint is suitable for conciliation, the board may continue dealing with the complaint. S. 24(7) inserted by No. 42/1991 s. 10. (7) Before accepting, or referring to an authority other than a registration board, a complaint about a registered provider, the Commissioner must give a copy of the complaint to the appropriate registration board. s. 24 S. 24(8) inserted by No. 42/1991 s. 10. (8) The giving by the Commissioner to a registration board of a copy of a complaint under subsection (7) must not be taken to be a complaint to, or a referral of the complaint to, the board for the purposes of this or any other Act and the information provided must not be used by the board as the basis for any investigation, inquiry into, or other action relating to, the complaint unless the complaint is referred to that board under section 19(6). __________________ S. 25 amended by No. 69/2009 s. 54(Sch. Pt 2 item 26). 25 Commissioner's powers to compel attendance and call for evidence and documents s. 25 Sections 14, 15 and 16 of the Evidence (Miscellaneous Provisions) Act 1958 apply to— (a) the Commissioner's investigation of a complaint; and S. 25(ab) inserted by No. 75/2001 s. 17. (ab) the Commissioner's inquiries into actions taken by a provider following a notice of a decision under section 22(6) requiring action to be taken; and S. 25(ac) inserted by No. 75/2001 s. 17. (ac) the Commissioner's inquiries pursuant to section 9(1)(l); and
with or proceedings before the Commissioner— is guilty of an offence. 10 penalty units. 31 Protection for Commissioner, officers and parties to proceedings S. 31(1) amended by No. 69/2009 s. 54(Sch. Pt 2 item 26). (1) Section 21A of the Evidence (Miscellaneous Provisions) Act 1958 applies to conciliation and investigation proceedings and inquiries under this Act and the reports of the Commissioner as if the Commissioner or the Commissioner's delegate or a conciliator were a board appointed by the Governor in Council. (2) A proceeding or purported proceeding or a decision or purported decision of the Commissioner, the Commissioner's delegate or a conciliator cannot be quashed, declared invalid, reviewed, appealed against, challenged or otherwise called in question unless it is a proceeding or purported proceeding or decision or purported decision in exercise of the powers of investigation or inquiry conferred by this Act. 32 Confidentiality s. 32 (1) In this section— S. 32(1) def. of confidential information amended by Nos 42/1991 s. 11(a), 2/2001 s. 105(n). confidential information means information gained because of a person's position and includes a return prepared under section 33 but does not include information to which section 90 of the Health Records Act 2001 applies gained because of a person's position, other than a position as a member of the Health Services Review Council;
S. 32(4) substituted by No. 75/2001 s. 18(3). (4) Subsection (2) does not apply to a person who discloses or communicates confidential information if the disclosure or communication is— s. 32 (a) in accordance with the written authority of— (i) the Minister, if the Minister is satisfied that the disclosure or communication is in the public interest; or (ii) the user and the provider to whom the information relates; or (b) for the purposes of proceedings for an offence under this Act or any other criminal proceedings. S. 32(4A) inserted by No. 75/2001 s. 18(3). (4A) A person who holds or who has held a position must not be required— (a) to produce in court a document containing confidential information or permit a court to access such a document; or (b) to disclose or communicate confidential information to a court— unless it is necessary to do so— (c) for the purposes of proceedings for an offence under this Act; or (d) in the case of a person referred to in paragraphs (c) to (f) of the definition of position in subsection (1), for the purposes of any other criminal proceedings. (5) Subsection (4) does not apply to confidential information gained because of a person's position as a conciliator. S. 32(5A) inserted by No. 75/2001 s. 18(4). (5A) Nothing in subsection (4A) requires a person— (a) to produce in court a document containing confidential information gained because of
force at the date when the regulations are made or as amended from time to time. S. 36 repealed by No. 69/1990 s. 3, new s. 36 inserted by No. 79/2008 s. 5. s. 36 36 Transitional provision—term of appointment of current Council members Despite section 12(6A), a member of the Council appointed under section 12(2) before the commencement of section 4 of the Health Services Amendment Act 2008 continues to hold office for the term specified in the instrument of appointment whether or not the person at the end of that term will have served for more than 9 consecutive years as a member of the Council. __________________ S. 3(1). Sch. amended by Nos 60/1987 s. 49(2)(Sch. item 3), 76/1990 s. 8, 124/1993 s. 4(5), 23/1994 s. 117, 56/1996 s. 101, 63/1996 s. 97, 75/1996 s. 95, 78/1997 s. 97(Sch. item 2.1(a)(b)), 26/1999 s. 107(Sch. item 5), 18/2000 s. 110(b), substituted by Nos 13/2010 s. 51(Sch. item 30), 27/2012 s. 21. SCHEDULE 1. A National Board established under the Health Practitioner Regulation National Law. Sch.
ENDNOTES Endnotes General Information Minister's second reading speech Legislative Assembly: 26 February 1987 Legislative Council: 24 March 1987 The long title for the Bill for this Act was "A Bill to provide for an independent and accessible review mechanism for users of health services and for other purposes.". The Health Services (Conciliation and Review) Act 1987 was assented to on 12 May 1987 and came into operation on 24 March 1988: Special Gazette (No. 20) 24 March 1988 page 1. Table of Amendments Endnotes This Version incorporates amendments made to the Health Services (Conciliation and Review) Act 1987 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Psychologists Registration Act 1987, No. 60/1987 Assent Date: 27.10.87 Commencement Date: Ss 1–11 on 16.10.88: Government Gazette 12.10.88 p. 3058; rest of Act on 30.12.95: Government Gazette 21.12.95 p. 3571 : All of Act in operation Health Services (Conciliation and Review) (Amendment) Act 1990, No. 69/1990 Assent Date: 4.12.90 Commencement Date: 4.12.90 : All of Act in operation Health (Radiographers) Act 1990, No. 76/1990 Assent Date: 4.12.90 Commencement Date: 1.3.97: Government Gazette 27.2.97 p. 434 : All of Act in operation Health Services (Conciliation and Review) (Further Amendment) Act 1991, No. 42/1991 Assent Date: 18.6.91 Commencement Date: All of Act (except s. 10) on 18.6.91: s. 2(1); s. 10 on 1.4.92: Government Gazette 25.3.92 p. 667 : All of Act in operation Employee Relations Act 1992, No. 83/1992
Assent Date: 11.12.08 Commencement Date: Ss 3–5 on 12.12.08: s. 2(1) : This information relates only to the provision/s amending the Health Services (Conciliation and Review) Act 1987 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 31), (Sch. Pt 2 item 26) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Health Services (Conciliation and Review) Act 1987 Fair Work (Commonwealth Powers) Amendment Act 2009, No. 74/2009 Assent Date: 1.12.09 Commencement Date: S. 14 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Health Services (Conciliation and Review) Act 1987 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 30) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Health Services (Conciliation and Review) Act 1987 Endnotes Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 59 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Health Services (Conciliation and Review) Act 1987 Health Professions Registration (Repeal) Act 2012, No. 27/2012 Assent Date: 29.5.12 Commencement Date: S. 21 on 1.7.12: s. 2 : This information relates only to the provision/s amending the Health Services (Conciliation and Review) Act 1987 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––