{"id":"health-and-community-services-complaints-act-1998","name":"Health and Community Services Complaints Act 1998","slug":"health-and-community-services-complaints-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30144,"registerId":"nt-health-and-community-services-complaints-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Health and Community Services\nComplaints Act 1998.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objectives","content":"3 Objectives\nThe objectives of this Act are:\n(a) to establish a health and community services complaints\nsystem that:\n(i) provides an independent, just, fair and accessible\nmechanism for resolving complaints between users and\nproviders of health services and community services;\nand\n(ii) encourages and assists users and providers to resolve\ncomplaints directly with each other; and\n(iii) leads to improvements in health services and community\nservices and enables users and providers to contribute\nto the review and improvement of health services and\ncommunity services; and\n(iv) promotes the rights of users of health services and\ncommunity services; and\n\nHealth and Community Services Complaints Act 1998 2\n(v) encourages an awareness of the rights and\nresponsibilities of users and providers of health services\nand community services; and\n(b) to set out the powers and functions of the Commissioner; and\n(c) to develop the Code of Health and Community Rights and\nResponsibilities.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\napplicable organisation, see section 4 of the Carers Recognition\nAct 2006.\nBoard means a National Board.\nCarers Charter, see section 4 of the Carers Recognition Act 2006.\ncharter, in relation to a provider, means the charter of patient rights\nissued by or on behalf of the provider or a provider of that kind.\nChief Executive Officer means a Chief Executive Officer as\ndefined in the Public Sector Employment and Management\nAct 1993.\nCode means the Code of Health and Community Rights and\nResponsibilities approved under section 104.\ncommunity service means a service for aged people or a service\nfor people with a disability.\nCommission means the Health and Community Services\nComplaints Commission established by section 7.\nCommissioner means the Commissioner for Health and\nCommunity Services Complaints appointed under section 9(1).\nCommittee means the Health and Community Services Complaints\nReview Committee established by section 78.\ncomplainant means the person who makes a complaint under\nsection 22.\nconciliator means a person appointed under section 35.\ncontractor means:\n(a) a person engaged by the Commissioner under\nsection 14(2)(b); or\n\nHealth and Community Services Complaints Act 1998 3\n(b) an employee or other member of the staff of a person\nengaged by the Commissioner under section 14(2)(b).\ndisability means a disability that:\n(a) is attributable to an intellectual, psychiatric, sensory or\nphysical impairment or a combination of those impairments;\nand\n(b) is permanent or likely to be permanent; and\n(c) results in a substantially reduced capacity for communication,\nlearning or mobility and the need for continuing support\nservices; and\n(d) may or may not be of a chronic episodic nature.\nhealth service means a service provided or to be provided in the\nTerritory for, or purportedly for, the benefit of the health of a person\nand includes:\n(a) a service specified by the Regulations as being a health\nservice; and\n(b) an administrative service directly related to a health service;\nbut does not include a service specified by the Regulations as not\nbeing a health service.\nInformation Commissioner means the Information Commissioner\nunder the Information Act 2002.\ninvestigator means a person authorised under section 50.\nNational Board means a National Health Practitioner Board\nestablished by section 31 of the Health Practitioner Regulation\nNational Law.\nprovider means a person who, or body that, provides, or holds out\nas being able to provide, a health service or community service and\nincludes:\n(a) an employer of a provider; and\n(b) a volunteer who provides a health service or community\nservice on behalf of a provider.\nregistered provider means a provider registered by a relevant\nBoard.\n\nHealth and Community Services Complaints Act 1998 4\nrelevant Board, in relation to a registered provider, means the\nBoard that registered the provider.\nservice for aged people means a service provided in the Territory\nspecifically for aged people or their carers and includes a service\nspecified by the Regulations as a service for aged people but does\nnot include a service specified by the Regulations as not being a\nservice for aged people.\nservice for people with a disability means a service provided in\nthe Territory specifically for people with a disability or their carers\nand includes a service specified by the Regulations as a service for\npeople with a disability but does not include a service specified by\nthe Regulations as not being a service for people with a disability.\nspecial needs group includes any of the following:\n(a) persons of Aboriginal or Torres Strait Islander background;\n(b) persons with disabilities;\n(c) persons who:\n(i) cannot communicate in English;\n(ii) have difficulty communicating in English; or\n(iii) have a cultural background significantly different to that\nwhich generally applies in the community;\n(d) persons who, because of the nature of the class to which they\nbelong, suffer disadvantage in the provision of health services\nor community services.\nstaff member means a person:\n(a) provided to the Commissioner under section 14(1); or\n(b) used by the Commissioner under section 14(2)(a).\nuser means a person who seeks, uses or receives a health service\nor community service or to whom a health service or community\nservice is administered.\n(2) A person is not a user merely because the person arranges a\nhealth service or community service for another person.\n\nHealth and Community Services Complaints Act 1998 5\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Reasonableness of provider's actions","content":"5 Reasonableness of provider's actions\n(1) In determining whether or not a provider has acted reasonably in\nproviding a health service or community service, the Commissioner\nmust have regard to the following:\n(a) the Code;\n(b) until the Code is approved – the charter or the principles set\nout in the Regulations, or both;\n(c) after the Code is approved – the charter and the principles set\nout in the Regulations that are not dealt with by the Code;\n(d) the generally accepted standard of health service or\ncommunity service delivery expected of a provider of that\nkind;\n(e) the Carers Charter;\n(f) another matter or information the Commissioner considers\nrelevant.\n(2) In addition, in respect of a community service that is a service for\npeople with a disability, the Commissioner may have regard to any\nor all of the following:\n(a) the principles set out in Schedule 2 to the Disability Services\nAct 1993;\n(b) the objectives to be complied with in relation to the design and\nimplementation of programs and services relating to people\nwith disabilities set out in Schedule 3 to that Act;\n(c) any standards of service for people with a disability that are\nspecified in any law in force in the Territory.\n(3) In addition, in respect of a community service that is a service for\naged people, the Commissioner may have regard to either or both\nof the following:\n(a) the Home and Community Care National Standards (known as\nthe HACC Standards);\n(b) any standards of service for aged people that are specified in\nany law in force in the Territory.\n\nHealth and Community Services Complaints Act 1998 6\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"6 Act binds Crown\nThis Act binds the Crown not only in right of the Territory but also,\nso far as the legislative power of the Legislative Assembly permits,\nthe Crown in all its other capacities.\n","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Health and Community Services Complaints","content":"Part 2 Health and Community Services Complaints\nCommission\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Establishment of Commission","content":"7 Establishment of Commission\n(1) The Health and Community Services Complaints Commission is\nestablished.\n(2) The Commission consists of the Commissioner and staff members.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Control of Commission","content":"8 Control of Commission\nThe Commissioner is responsible for the operation of the\nCommission.\n","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Commissioner for Health and Community","content":"Part 3 Commissioner for Health and Community\nServices Complaints\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Appointment of Commissioner","content":"9 Appointment of Commissioner\n(1) The Administrator may appoint a person to be the Commissioner\nfor Health and Community Services Complaints.\n(2) Schedule 1 has effect with respect to the Commissioner and the\nappointment of the Commissioner.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Acting Commissioner","content":"10 Acting Commissioner\n(1) The Administrator may appoint a person to act in the office of the\nCommissioner during any of the following:\n(a) a period, or during all periods, when the Commissioner is\nabsent from duty or from the Territory or is, for any other\nreason, unable to perform the duties of the office;\n(b) a period when the Commissioner is suspended from office;\n(c) a vacancy in the office.\n(3) The appointment of a person under subsection (1) does not prevent\na subsequent appointment of the person or another person in\naccordance with this section.\n\nHealth and Community Services Complaints Act 1998 7\n(4) The Administrator may terminate the appointment of a person\nunder this section at any time.\n(6) The terms and conditions of appointment of and remuneration,\nexpenses and allowances payable to a person appointed under this\nsection are to be determined by the Administrator.\n(7) A person appointed to act in the office of the Commissioner may\nexercise the powers and perform the functions of the\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Deputy Commissioner","content":"11 Deputy Commissioner\n(1) The Commissioner may appoint a staff member who is a public\nsector employee to be a Deputy Commissioner for Health and\nCommunity Services Complaints.\n(2) Subject to the direction and control of the Commissioner, a Deputy\nCommissioner may exercise the powers and perform the functions\nof the Commissioner.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Powers and functions of Commissioner","content":"12 Powers and functions of Commissioner\n(1) The Commissioner has the following functions:\n(a) to inquire into and report on any matter relating to health\nservices or community services on receiving a complaint or on\na reference from the Minister or the Legislative Assembly;\n(b) to encourage and assist users and providers to resolve\ncomplaints directly with each other;\n(c) to conciliate and investigate complaints;\n(d) to record all complaints received by the Commissioner or\nshown on returns supplied by providers and to maintain a\ncentral register of those complaints;\n(e) to suggest ways of improving health services and community\nservices and promoting community and health rights and\nresponsibilities;\n(f) to review and identify the causes of complaints and to:\n(i) suggest ways to remove, resolve and minimise those\ncauses; and\n(ii) suggest ways of improving policies and procedures; and\n\nHealth and Community Services Complaints Act 1998 8\n(iii) detect and review trends in the delivery of health\nservices and community services;\n(g) to consider, promote and recommend ways to improve the\nhealth and community services complaints system;\n(h) to assist providers to develop procedures to effectively resolve\ncomplaints;\n(j) to provide information, education and advice in relation to:\n(i) this Act; and\n(ii) the Code; and\n(iii) the procedures for resolving complaints;\n(k) to provide information, advice and reports to:\n(i) the Boards; and\n(ii) the purchasers of community services or health services;\nand\n(iii) the Minister; and\n(iv) the Legislative Assembly;\n(m) to collect, and publish at regular intervals, information\nconcerning the operation of this Act;\n(n) to consult with:\n(i) providers; and\n(ii) organisations that have an interest in the provision of\nhealth services and community services; and\n(iii) organisations that represent the interests of users;\n(p) to consider action taken by providers where complaints are\nfound to be justified;\n(q) to ensure, as far as practicable, that persons who wish to\nmake a complaint are able to do so;\n(r) to consult and co-operate with any public authority that has a\nfunction to protect the rights of individuals in the Territory\nconsistent with the Commissioner's functions under this Act.\n\nHealth and Community Services Complaints Act 1998 9\n(2) The functions in subsection (1) are in addition to any other functions\nconferred on the Commissioner by this or any other Act.\n(3) The Commissioner has power to do all things necessary or\nconvenient to be done in connection with the performance of his or\nher functions.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Independence of Commissioner","content":"13 Independence of Commissioner\n(1) Except as provided by this Act, the Commissioner is not subject to\nthe direction of any person when exercising his or her powers or\nperforming his or her functions.\n(2) The Commissioner must act independently, impartially and in the\npublic interest when exercising his or her powers or performing his\nor her functions.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Staff and facilities for Commissioner","content":"14 Staff and facilities for Commissioner\n(1) The Chief Executive Officer of the Agency administering this Act\nmust provide the Commissioner with staff and facilities to enable\nthe Commissioner to properly perform the Commissioner's\nfunctions.\n(2) To assist in the performance of the Commissioner's functions, the\nCommissioner may do either or both of the following:\n(a) arrange with the Chief Executive Officer of any other Agency\nto use the staff or facilities of that Agency;\n(b) engage consultants and make arrangements for the provision\nof advice and services to the Commissioner.\n(3) In exercising a power or performing a function under this Act, a staff\nmember is subject to direction only from:\n(a) the Commissioner; or\n(b) another staff member.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Delegations","content":"15 Delegations\n(1) The Commissioner may, in writing, delegate to a person any of his\nor her powers and functions under this Act, other than this power of\ndelegation.\n(2) A delegation under this section may be to a named person or to a\nperson from time to time holding, acting in or performing the duties\nof an office, designation or position.\n\nHealth and Community Services Complaints Act 1998 10\n(3) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Commissioner.\n(4) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Commissioner.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Oath of office","content":"16 Oath of office\n(1) The Commissioner and any other person who exercises any\npowers or performs any functions under this Act must, before\ncommencing exercising those powers or performing those\nfunctions, take an oath that he or she:\n(a) will faithfully and impartially perform those duties; and\n(b) will not divulge any information received under this Act except\nin accordance with this Act.\n(2) The oath of the Commissioner must be administered by a Supreme\nCourt Judge and that of any other person must be administered by\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Commissioner and staff members not liable","content":"17 Commissioner and staff members not liable\n(1) The Commissioner, a staff member or a delegate of the\nCommissioner is not liable, whether on the grounds of want of\njurisdiction or any other ground, to civil or criminal proceedings\n(other than proceedings by way of judicial review) in respect of any\nact done or purported to be done under this Act or an authority\nunder this Act unless the act was done in bad faith.\n(2) No civil or criminal proceedings may be brought against the\nCommissioner, a staff member or a delegate of the Commissioner\nin respect of an act mentioned in subsection (1) without the leave of\nthe Supreme Court.\n(3) The Supreme Court must not give leave unless it is satisfied that\nthere is substantial ground for the contention that the person to be\nproceeded against has acted in bad faith.\n(4) Subject to this Act, the Commissioner, a staff member or a delegate\nof the Commissioner cannot be called to give evidence or produce\na document in a court or in proceedings of a judicial nature in\nrespect of any matter coming to his or her knowledge in the\nexercise of his or her powers or the performance of his or her\nfunctions under this Act.\n(5) In an application for judicial review, access to evidence or\ndocuments held by the Commissioner, a staff member or a\n\nHealth and Community Services Complaints Act 1998 11\ndelegate of the Commissioner is subject to the terms and conditions\nthat the Court thinks fit to protect the confidentiality of the evidence\nor document as is envisaged and provided for under this Act.\n(6) A person who is or has been the Commissioner, a staff member or\na delegate of the Commissioner is entitled to be indemnified by the\nTerritory against liability or costs incurred in contesting an action,\nclaim or demand brought or made in respect of an act done or\nomitted to be done, in good faith, in exercising or performing, or\npurportedly exercising or performing, his or her powers or functions\nunder this Act.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Non-disclosure of certain matters","content":"18 Non-disclosure of certain matters\n(1) The Commissioner cannot require a person to provide any\ninformation or to answer questions concerning a matter or to\nproduce documents or records to the Commissioner if the\nAdministrator provides the Commissioner with a certificate under\nthis section in respect of the matter, documents or records.\n(2) The Administrator may issue a certificate certifying that the\ndisclosure of information concerning a specified matter (including\nproviding information in answer to a question) or the disclosure of\nthe contents of any document or record would be contrary to the\npublic interest:\n(a) by reason that it would involve the disclosure of\ncommunications between:\n(i) a member of the Executive Council and the\nAdministrator; or\n(ii) a Minister and a Minister of the Commonwealth or of a\nState or another Territory; or\n(iii) a Minister of the Commonwealth and a Minister of a\nState or another Territory; or\n(b) by reason that it would involve the disclosure of deliberations\nor decisions of:\n(i) the Executive Council; or\n(ii) a committee of the Legislative Assembly formed for the\npurpose of advising the Administrator or the Minister; or\n(iii) the Commonwealth or Territory Cabinet or a committee\nof the Commonwealth or Territory Cabinet.\n\nHealth and Community Services Complaints Act 1998 12\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Annual and special report","content":"19 Annual and special report\n(1) As soon as practicable after the end of each financial year, the\nCommissioner must report in writing to the Minister on the exercise\nof his or her powers and the performance of his or her functions\nduring the financial year.\n(2) The Commissioner may report at any time to the Minister on any of\nthe following:\n(a) the exercise of his or her powers or the performance of his or\nher functions;\n(b) complaints dealt with under this Act;\n(c) the progress and results of conciliations and investigations\nundertaken under this Act;\n(d) contraventions of this Act;\n(e) any other matter relating to health services or community\nservices that the Commissioner considers appropriate.\n(3) The Minister must table in the Legislative Assembly a copy of the\nreport within 6 sitting days after receiving it.\n(4) The Speaker may authorise the Commissioner to publish a report,\nin the public interest or in the interest of an Agency, authority,\norganisation, person or body, relating:\n(a) generally to the exercise of his or her powers or the\nperformance of his or her functions; or\n(b) to any particular matter investigated by the Commissioner.\n(5) A report may be published under subsection (4) whether or not a\nmatter dealt with in the report has been the subject of a report that\nhas been tabled in the Legislative Assembly.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Reference by Minister","content":"20 Reference by Minister\n(1) The Minister may, in writing, refer to the Commissioner any matter\nrelating to a health service or community service.\n(2) As soon as practicable after a matter is referred under\nsubsection (1), the Commissioner must investigate the matter and\nmake a report to the Minister on the investigation.\n\nHealth and Community Services Complaints Act 1998 13\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Reference by Legislative Assembly","content":"21 Reference by Legislative Assembly\n(1) The Legislative Assembly may refer to the Commissioner any\nmatter relating to a health service or community service.\n(2) As soon as practicable after a matter is referred under\nsubsection (1), the Commissioner must investigate the matter and\nmake a report to the Speaker on the investigation.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Persons who may make complaint","content":"22 Persons who may make complaint\nThe following persons may make a complaint to the Commissioner\nabout a health service or community service:\n(a) the user;\n(b) a parent or guardian of the user;\n(c) the donee of a power of attorney from the user whose\nauthority, either expressly or implicitly, includes the power to\nmake a complaint;\n(d) a person who, under any other law or an order of a court, has\nthe care of the affairs of the user;\n(e) a person as a representative of the user who is:\n(i) a person the Commissioner is satisfied has been chosen\nby the user; or\n(ii) where the Commissioner is satisfied that it would be\ndifficult or impossible for the user to choose anybody to\nmake a complaint in the user's place – a person the\nCommissioner is satisfied has a sufficient interest in the\nsubject matter of the complaint;\n(f) the Chief Executive Officer of the Agency allotted\nresponsibility for the administration of the Public and\nEnvironmental Health Act 2011 by an Administrative\nArrangements Order;\n(g) the Minister;\n(h) a provider;\n\nHealth and Community Services Complaints Act 1998 14\n(j) any other person, if the Commissioner considers that the\npublic interest requires that the person should be permitted to\nmake a complaint.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Basis of complaint","content":"23 Basis of complaint\n(1) A complaint may be made in respect of one or more of the\nfollowing:\n(a) that a provider acted unreasonably by not providing a health\n(b) that the provision of a health service or community service or\na part of a health service or community service was not\nnecessary;\n(c) that a provider acted unreasonably in providing a health\n(d) that a provider acted unreasonably in the manner of providing\na health service or community service;\n(e) that a provider acted unreasonably by denying or restricting a\nuser access to his or her records that were in the provider's\npossession;\n(f) that a provider acted unreasonably by not making available to\na user information about the user's condition that the provider\nwas able to make available;\n(g) that a provider acted unreasonably in disclosing information in\nrelation to a user;\n(h) that a provider or manager acted unreasonably in respect of a\ncomplaint made by a user about the provider's action that is of\na kind mentioned in this section by:\n(i) not taking, or causing to be taken, proper action in\nrelation to the complaint; or\n(ii) not properly investigating the complaint or causing it to\nbe properly investigated;\n(j) that a provider acted in disregard of, or in a manner\ninconsistent with, any of the matters that the Commissioner\nmay have regard under section 5 in determining whether or\nnot a provider has acted reasonably in providing a health\n\nHealth and Community Services Complaints Act 1998 15\n(k) that an applicable organisation failed to comply with the\nCarers Charter.\n(2) A reference in subsection (1)(c) to a provider acting unreasonably\nin providing a health service or community service includes the\nprovider failing to do any of the following:\n(a) to exercise due care and skill;\n(b) to treat a user in an appropriate professional manner that took\ninto account the user's needs, wishes and background;\n(c) to respect a user's privacy or dignity;\n(d) to provide a user with information on treatment or health\nservices available, in language and terms that the user\nunderstands, sufficient to enable the user to make an informed\ndecision;\n(e) to provide a user with a reasonable opportunity to make an\ninformed choice of the treatment or services available;\n(f) to provide a user with adequate information on the availability\nof further advice on his or her condition or of relevant\neducation programs;\n(g) to provide a user with adequate information on the treatment\nor services received;\n(h) to provide a user with a prognosis that it would have been\nreasonable for him or her to be provided with.\n(3) In subsection (1)(h):\nmanager means a person who manages or is the chief executive\nofficer (however described) of:\n(a) a body by which or an institution in which a health service or\ncommunity service is rendered or provided; or\n(b) a prescribed body or institution or a body or institution of a\nprescribed class that provides a health service or community\nservice.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Form of complaint","content":"24 Form of complaint\n(1) A complaint may be made:\n(a) orally (either in person or by any form of distance\ncommunication); or\n\nHealth and Community Services Complaints Act 1998 16\n(b) in writing signed by the complainant.\n(2) A complaint must disclose:\n(a) the name and address of the complainant; and\n(b) sufficient details of the matter of the complaint to enable the\ncomplaint to be assessed.\n(3) The Commissioner must ensure that assistance is given to a\nperson to make a complaint if the person requests assistance.\n(4) If a complaint is made orally, the complainant must confirm the\ncomplaint in writing as soon as practicable after it is made unless\nthe complainant satisfies the Commissioner that there are good\nreasons for not doing so.\n(5) If a complainant is unable to confirm a complaint in writing, the\nCommissioner must ensure that the complaint is reduced to writing\nand a copy is provided to the complainant.\n(6) A complainant must notify the Commissioner of a change of his or\nher name or address as soon as possible after the change.\n(7) The Commissioner may require a complainant to provide his or her\nname and address if the Commissioner becomes aware that the\ncomplainant has changed his or her name or address without\nnotifying the Commissioner.\n(8) A complaint is not to be taken to have been received until the\ninformation required by subsection (2) is received.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Complainant to provide information when required","content":"25 Complainant to provide information when required\n(1) The Commissioner may require a complainant:\n(a) to provide information or documents relating to the\ncomplaint; or\n(b) to verify all or any part of the complaint by statutory\ndeclaration.\n(2) The Commissioner must specify a reasonable period within which a\ncomplainant must comply with subsection (1).\n(3) The Commissioner may extend the period specified under\nsubsection (2), whether before or after it expires.\n\nHealth and Community Services Complaints Act 1998 17\n","sortOrder":26},{"sectionNumber":"25A","sectionType":"section","heading":"Referral of complaints by Information Commissioner and","content":"25A Referral of complaints by Information Commissioner and\nOmbudsman\n(1) This section applies if a complaint is referred to the Commissioner\nby:\n(a) the Information Commissioner under section 108 of the\nInformation Act 2002; or\n(b) the Ombudsman under section 32 of the Ombudsman\nAct 2009.\n(2) The Commissioner must deal with the complaint as if it had been\nmade under this Act.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Preliminary and minor inquiries","content":"26 Preliminary and minor inquiries\nThe Commissioner may, as he or she thinks fit, make inquiries in\nrespect of a complaint:\n(a) in order to be satisfied that:\n(i) all reasonable steps have been taken by the\ncomplainant to resolve the complaint with the provider;\nor\n(ii) a reasonable opportunity has been given to the provider\nto resolve the complaint with the complainant; or\n(iii) it is not practical for the steps mentioned in\nsubparagraph (i) to be taken or for the opportunity\nmentioned in subparagraph (ii) to be given; or\n(b) for the purposes of:\n(i) determining whether he or she is authorised to deal with\nthe complaint; or\n(ii) if satisfied he or she is authorised to deal with the\ncomplaint, determining whether or not to consider the\nmatter further; or\n(iii) determining the complaint, if, having regard to the nature\nand seriousness of the complaint, he or she considers it\nmay be resolved expeditiously.\n\nHealth and Community Services Complaints Act 1998 18\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Assessment","content":"27 Assessment\n(1) The Commissioner must assess a complaint and make a\ndetermination in accordance with this section within 60 days after\nreceiving it.\n(2) Subject to subsections (3), (4) and (4A), the Commissioner must do\none of the following:\n(a) refer the complaint to a conciliator under Part 6;\n(b) investigate the complaint under Part 7;\n(c) if the complaint is against or directly involves a registered\nprovider, notify the relevant Board in accordance with Part 8\nand deal with the complaint as provided for in that Part;\n(d) in accordance with section 30, take no further action on the\ncomplaint.\n(3) If, in the opinion of the Commissioner, the complaint:\n(a) was made by a person mentioned in section 22; and\n(b) relates to a matter mentioned in section 23; and\n(c) is a matter that falls within the functions conferred by a law of\nthe Territory, the Commonwealth, a State or another Territory\non the Ombudsman, the Information Commissioner or any\nother person or body;\nthe Commissioner may refer the complaint to the Ombudsman,\nInformation Commissioner, person or body.\n(4) If, in the opinion of the Commissioner, the complaint was not made\nby a person mentioned in section 22 or does not relate to a matter\nmentioned in section 23 but relates to a matter that falls within the\nfunctions conferred by a law of the Territory, the Commonwealth, a\nState or any other Territory on:\n(a) the Ombudsman; or\n(aa) the Information Commissioner; or\n(b) a relevant Board; or\n(c) any other person or body;\nthe Commissioner must refer the complaint to the Ombudsman,\nInformation Commissioner, Board, person or body.\n\nHealth and Community Services Complaints Act 1998 19\n(4A) If, in the opinion of the Commissioner, the complaint is about a\nmatter that could be the subject of a complaint under the Children's\nCommissioner Act 2013, the Commissioner:\n(a) may refer the complaint to the Children's Commissioner; or\n(b) if the complaint is to be dealt with under this Act – must, as\nsoon as practicable, give written notice about the complaint to\nthe Children's Commissioner.\n(5) In subsection (1), a reference to a complaint being received\nincludes a complaint that has been referred, or referred back, to the\nCommissioner by the Ombudsman, Information Commissioner or a\nrelevant Board.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Provider to give response","content":"28 Provider to give response\n(1) For sections 26 and 27, the Commissioner may require a provider\nto provide a written response to issues raised in a complaint.\n(2) The Commissioner must specify a reasonable period within which a\nprovider must comply with subsection (1).\n(3) The Commissioner may extend the period specified under\nsubsection (2), whether before or after it expires.\n(4) A provider must comply with a requirement of the Commissioner\nunder this section.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Notice of determination and basis of complaint","content":"29 Notice of determination and basis of complaint\n(1) The Commissioner must, within 14 days of making a determination\nunder section 27 (other than a determination to take no further\naction on a complaint):\n(a) give written notice of the determination to the complainant and\nthe provider; and\n(b) give the provider written details of the basis of the complaint.\n(2) The Commissioner must, within 14 days of making a determination\nunder section 27 to take no further action on a complaint, give\nwritten notice of the determination to:\n(a) the complainant; and\n(b) the provider, if the provider has been notified of the complaint\nhaving been made.\n\nHealth and Community Services Complaints Act 1998 20\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"No further action on complaint","content":"30 No further action on complaint\n(1) The Commissioner must take no further action on a complaint if\nsatisfied that any of the following apply:\n(a) the complainant is not a person mentioned in section 22;\n(b) the complaint does not relate to a matter mentioned in\nsection 23;\n(c) the user became aware of the circumstances giving rise to the\ncomplaint more than 2 years before the complaint was made;\n(d) the complainant has failed, without good reason or cause, to\ntake reasonable steps to resolve with the provider the matter\non which the complaint is based;\n(e) having regard to the circumstances of the case and to any\ninquiries that the Commissioner has made, investigating\nfurther the matter raised in the complaint is unnecessary or\nunjustified;\n(f) the complaint lacks substance;\n(g) the complaint is frivolous, vexatious or was not made in good\nfaith;\n(h) the complaint is resolved.\n(2) Subsection (1)(c) does not apply if the Commissioner is satisfied\nthat the complainant had good reasons for not making the\ncomplaint within the period mentioned in that subsection.\n(3) If an issue raised in a complaint has been determined by a court,\ntribunal or board, or by a person or other body established by a law\nof the Territory, the Commonwealth, a State or any other Territory,\nthe Commissioner must take no further action on the complaint to\nthe extent to which it relates to the issue unless, in his or her\nopinion, the issue relates to a matter that was not raised before the\ncourt, tribunal or board, or the person or other body.\n(4) Subject to subsection (5), the Commissioner must take no further\naction on a complaint or an issue arising from a complaint if the\nuser has commenced civil proceedings seeking redress for the\nsubject matter of the complaint or the issue and the court has\nbegun to hear the substantive matter.\n(5) The Commissioner may still consider an issue arising from a\ncomplaint, if satisfied that the issue will not be determined\nspecifically by the civil proceedings.\n\nHealth and Community Services Complaints Act 1998 21\n(6) The Commissioner may take no further action on a complaint if:\n(a) a requirement under section 25 is unsatisfied and the period\nfor satisfying the requirement has expired; and\n(b) the Commissioner has notified the complainant in writing that\nthe Commissioner may decide to take no further action on the\ncomplaint unless the outstanding requirement is satisfied\nwithin 14 days after the notice is given; and\n(c) the requirement is unsatisfied at the expiry of the period and\nremains unsatisfied when the Commissioner decides to refuse\nto entertain the complaint.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Withdrawal of complaint","content":"31 Withdrawal of complaint\n(1) A complainant may withdraw a complaint by notifying the\nCommissioner orally or in writing.\n(2) The Commissioner must, within 14 days of being notified orally of a\ncomplaint being withdrawn, by written notice to the complainant\nconfirm that the complaint has been withdrawn.\n(3) The Commissioner must, within 14 days of being notified of a\ncomplaint being withdrawn, notify the provider, if the provider has\nbeen notified of the complaint having been made.\n(4) The Commissioner cannot investigate a matter the subject of a\ncomplaint that is withdrawn.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Splitting of complaints","content":"32 Splitting of complaints\n(1) This section applies to a complaint that:\n(a) deals with more than one subject matter; or\n(b) deals with more than one set of circumstances; or\n(c) makes allegations against more than one provider; or\n(d) makes more than one allegation against a provider; or\n(e) for any reason is susceptible to being dealt with in separate\nparts.\n(2) The Commissioner may determine that a complaint to which this\nsection applies is to be treated as 2 or more complaints if it is\nadministratively or otherwise convenient to do so.\n\nHealth and Community Services Complaints Act 1998 22\n(3) The Commissioner must determine that a complaint to which this\nsection applies is to be treated as 2 or more complaints if it is in the\ninterest of the user to do so.\n(4) The Commissioner must not make a determination under\nsubsection (2) or (3) unless satisfied that any attempt at resolution\nor conciliation of the complaint is not likely to be prejudiced by the\ndetermination.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Confidentiality of user's and complainant's particulars","content":"33 Confidentiality of user's and complainant's particulars\n(1) Despite anything in this Act, the Commissioner must not disclose\nany information if he or she believes on reasonable grounds that\ndisclosing the information will, directly or indirectly:\n(a) put the health or safety of any person at risk; or\n(b) result in a person receiving a health service or community\nservice of a lower standard than he or she would otherwise\nreceive; or\n(c) prejudice the assessment of a complaint or an investigation\nunder this Act; or\n(d) prejudice proceedings that may be conducted by a board,\nperson or body.\n(2) The Commissioner may keep information given under section 24(1)\nand (2) confidential if there are special circumstances and the\nCommissioner considers it is in the complainant's interest to do so.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Action on referral of complaint","content":"34 Action on referral of complaint\n(1) If the Commissioner refers a complaint to a board, person or body\nunder this Division, the Commissioner must:\n(a) give the board, person or body all documents and information\nin his or her possession that relate to the complaint; and\n(b) take no further action in relation to the complaint unless it is\nreferred back to the Commissioner.\n(2) The Commissioner may:\n(a) make and retain a record of information mentioned in\nsubsection (1); and\n(b) make copies of, or take extracts from, a document mentioned\nin subsection (1) and retain those copies or extracts.\n\nHealth and Community Services Complaints Act 1998 23\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Appointment of conciliators","content":"35 Appointment of conciliators\nThe Commissioner may, in writing, appoint a person to be a\nconciliator.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Objection to conciliator","content":"36 Objection to conciliator\n(1) A party to a complaint may object to the complaint being referred to\na conciliator for conciliation if the conciliator has previously been\ninvolved in a conciliation involving a party to the complaint.\n(2) The Commissioner may, on receiving an objection under\nsubsection (1), refer the complaint to another conciliator.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Referral to conciliators","content":"37 Referral to conciliators\nThe Commissioner may refer a complaint to more than\none conciliator for conciliation.\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Function of conciliators","content":"38 Function of conciliators\n(1) A conciliator is to encourage settlement of a complaint by:\n(a) explaining the conciliation process and the voluntary nature of\nthe conciliation process; and\n(b) arranging discussions and negotiations between the\ncomplainant and the provider; and\n(c) assisting in the conduct of discussions and negotiations; and\n(d) assisting the complainant and provider to reach\nagreement; and\n(e) assisting in resolving the complaint in any other way.\n(2) A conciliator must not perform, or continue to perform, the functions\nof conciliation mentioned in subsection (1) if a conflict of interest\nexists or may arise.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Public interest","content":"39 Public interest\n(1) Before the conciliation process commences, the Commissioner\nmust inform the conciliator of any issue raised by the complaint that\nthe Commissioner considers involves a matter mentioned in\nsection 48(1)(c).\n\nHealth and Community Services Complaints Act 1998 24\n(2) On commencing the conciliation process, the conciliator must draw\nto the attention of the complainant and the provider any issue that\nthe conciliator has been informed of under subsection (1).\n(3) During the conciliation process, the conciliator must, at times he or\nshe considers appropriate, draw to the attention of the complainant\nand the provider any matter mentioned in section 48(1)(c) that the\nconciliator considers is raised by the complaint.\n(4) During the conciliation process, the conciliator must report to the\nCommissioner any matter mentioned in section 48(1)(c) that he or\nshe considers is raised by the complaint, other than an issue that\nthe conciliator has been informed of under subsection (1).\n(5) Nothing in this section prohibits or prevents the conciliator\naddressing all issues between the parties to the complaint in the\ncourse of the conciliation process.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Representation at conciliation","content":"40 Representation at conciliation\n(1) A complainant or provider cannot be represented by another person\nin the conciliation process unless the permission of the\nCommissioner is obtained.\n(2) The Commissioner is not to give permission under subsection (1)\nunless satisfied that:\n(a) representation is likely to assist substantially in resolving the\ncomplaint; and\n(b) the person proposed has sufficient knowledge of the matters\nthe subject of the complaint to enable the person to represent\nthe complainant or provider effectively; and\n(c) the person proposed has authority to make appropriate\nadmissions on behalf of the complainant or provider and to\nenter into binding conciliation agreements on behalf of the\ncomplainant or provider; and\n(d) the complainant or provider had notified the other party, in\nwriting, not less than 48 hours before the request is made.\n(3) The permission of the Commissioner is subject to the conditions\ndetermined by the Commissioner.\n(4) A person representing a complainant or provider must not\ncontravene a condition to which the permission is subject.\n\nHealth and Community Services Complaints Act 1998 25\n(5) The Commissioner may revoke permission given under\nsubsection (1) if a person representing a complainant or provider:\n(a) contravenes a condition to which the permission is subject; or\n(b) does anything that the Commissioner considers may\ninappropriately impede the conciliation process.\n(6) A conciliator may allow a person to attend the conciliation process\nin order to assist a party who is from a special needs group.\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Progress report from conciliator","content":"41 Progress report from conciliator\nA conciliator must provide the Commissioner with a written report of\nthe progress of the conciliation process when requested to do so by\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Results report from conciliator","content":"42 Results report from conciliator\n(1) A conciliator must provide the Commissioner with a written report of\nthe results of the conciliation process within 28 days after:\n(a) the conciliation is completed; or\n(b) he or she is satisfied that agreement cannot be reached.\n(2) The report must contain details of:\n(a) any agreement reached; and\n(b) any issue of complaint, if agreement has not been reached;\nand\n(c) progress made towards agreement on any issue in respect of\nwhich agreement has not been reached.\n(3) The report may contain details of action that the conciliator\nconsiders appropriate for the Commissioner to take on receiving the\nreport.\n(4) The conciliator must provide a copy of the report to the complainant\nand the provider within 28 days after it is provided to the\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Enforceable agreements","content":"43 Enforceable agreements\n(1) If agreement is reached between a complainant and provider in the\ncourse of the conciliation process, the agreement may be put in a\nform that is binding on them in accordance with subsection (2).\n\nHealth and Community Services Complaints Act 1998 26\n(2) An agreement is not binding unless it is:\n(a) in writing; and\n(b) signed by all parties or their authorised representatives; and\n(c) entered into at least 14 days after the first agreement was\nreached.\n(3) Subsections (1) and (2) do not affect the effectiveness of an\nagreement reached outside the conciliation process.\n(4) A conciliator:\n(a) cannot be a party to an agreement between a complainant\nand provider relating to a matter that has been dealt with in\nthe course of the conciliation process; and\n(b) cannot attest the signature of a party to a document that\nevidences the agreement.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Commissioner may end conciliation","content":"44 Commissioner may end conciliation\n(1) On receiving a report under section 41 or 42 the Commissioner\nmay terminate the conciliation process if satisfied that it is not likely\nto bring about agreement between the complainant and provider.\n(2) If the conciliation process is terminated, the Commissioner must\ndispose of the complaint in accordance with section 27.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Professional mentor","content":"45 Professional mentor\n(1) The Commissioner may appoint a person to be a professional\nmentor to a conciliator.\n(2) A conciliator may discuss any issue arising out of the performance\nof his or her functions with, and may seek advice from, his or her\nprofessional mentor.\n(3) A person is not to be appointed a professional mentor unless he or\nshe has, in the opinion of the Commissioner, expertise in dispute\nresolution or experience as a conciliator.\n(4) A person must not act as a professional mentor to a conciliator to\nwhom a complaint is referred if the person has carried out\ninvestigations of complaints under Part 7 and the investigations\nhave involved or may have involved:\n(a) a party to the complaint; or\n(b) a matter mentioned in the complaint.\n\nHealth and Community Services Complaints Act 1998 27\n(5) A person must not act as a professional mentor to a conciliator to\nwhom a complaint is referred unless the person has made a\nstatement in the prescribed form.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Administrative support staff","content":"46 Administrative support staff\nThe Commissioner may arrange for a staff member or contractor to\nprovide administrative support to a conciliator performing his or her\nfunctions under this Act.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Privilege and confidentiality","content":"47 Privilege and confidentiality\n(1) A conciliator must not disclose information obtained or evidence of\nanything said or admitted during the course of the conciliation\nprocess except:\n(a) in a report made under this Part; or\n(b) to his or her professional mentor or a staff member or\ncontractor mentioned in section 46.\n(2) A professional mentor or a staff member or contractor mentioned in\nsection 46 must not disclose information obtained from a conciliator\nas permitted by subsection (1)(b).\n(3) A person, other than a conciliator, professional mentor or a staff\nmember or contractor mentioned in section 46, must not divulge or\ncommunicate to a person information obtained during the\nconciliation process other than for the purposes of conciliation.\n(4) Evidence of anything said or admitted during the conciliation\nprocess:\n(a) is not admissible in proceedings before any court, tribunal or\nboard; and\n(b) may not be used by the Commissioner as a ground for an\ninvestigation or inquiry.\n(5) Nothing in this section prohibits the use of information obtained\nduring the conciliation process for the purposes of the prosecution\nof a person for an offence against this Act.\n\nHealth and Community Services Complaints Act 1998 28\n","sortOrder":49},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary matters","content":"Division 1 Preliminary matters\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Matters that may be investigated","content":"48 Matters that may be investigated\n(1) The Commissioner may, as he or she thinks fit, investigate:\n(a) any matter referred under section 20(1) or 21(1); or\n(b) a complaint that the Commissioner has decided to investigate\nunder section 27; or\n(c) an issue or question arising from a complaint or a group of\ncomplaints if it appears to the Commissioner:\n(i) to be a significant issue of public health or safety or\npublic interest; or\n(ii) to be a significant question as to the practice and\nprocedures of a provider.\n(2) An investigation mentioned in subsection (1)(c) is not to be carried\nout in a way that interferes with any conciliation process in respect\nof a complaint.\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Limitation of powers","content":"49 Limitation of powers\nThe powers conferred by this Part may be exercised only for the\npurpose of an investigation under this Part.\n","sortOrder":52},{"sectionNumber":"50","sectionType":"section","heading":"Authorisation of persons to carry out investigations","content":"50 Authorisation of persons to carry out investigations\n(1) The Commissioner may, in writing, authorise a person to carry out\nan investigation of a complaint under this Part.\n(2) An investigator must not carry out an investigation if the investigator\nhas been involved in any conciliation process in respect of the\ncomplaint.\n(3) An investigator when carrying out an investigation may exercise all\nthe powers that the Commissioner has when carrying out an\ninvestigation.\n","sortOrder":53},{"sectionNumber":"51","sectionType":"section","heading":"Professional mentor","content":"51 Professional mentor\n(1) The Commissioner may, in writing, appoint a person to be a\nprofessional mentor to an investigator.\n\nHealth and Community Services Complaints Act 1998 29\n(2) An investigator may discuss any issue arising out of the\nperformance of his or her functions with, and may seek advice from,\nhis or her professional mentor.\n(3) A person is not to be appointed a professional mentor unless he or\nshe has, in the opinion of the Commissioner, relevant professional\nexpertise.\n(4) If a complaint is made against a registered provider, the relevant\nBoard may request the Commissioner to appoint a professional\nmentor to the investigator appointed to carry out the investigation of\nthe complaint.\n(5) On receiving a request under subsection (4), the Commissioner\nmust consult with the Board and, unless there are compelling\nreasons for not doing so, must appoint a professional mentor.\n(6) If a person is appointed a professional mentor to an investigator\nand the person is a member of a relevant Board, the person must\nnot take part in any proceedings of the Board in respect of a\nregistered provider who is the subject of an investigation by the\ninvestigator.\n(7) A person must not act as a professional mentor to an investigator to\nwhom a matter is referred unless the person has made a statement\nin the prescribed form.\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Expert assistance","content":"52 Expert assistance\n(1) The Commissioner, when carrying out an investigation, may obtain\na report from a person (including a registered provider) who, in the\nopinion of the Commissioner, is sufficiently qualified or experienced\nto give expert advice on the matter being investigated.\n(2) The Commissioner must not obtain a report from a person who has\na financial or personal connection with a person who is the subject\nof an investigation or who has any other connection with the person\nthat may affect the impartiality of the report.\n(3) A person who gives a report under this section must include in it, or\nannex to it, a statement in the prescribed form.\n(4) A report given under this section may be used in disciplinary or\nrelated proceedings before a Board.\n(5) A report given under this section may be admitted or used in other\nproceedings with the consent of the person giving the report, the\ncomplainant and the provider against whom the complaint is made.\n\nHealth and Community Services Complaints Act 1998 30\n(6) A person who gives a report under this section cannot be\ncompelled to give evidence in relation to the report, or its contents,\nin proceedings mentioned in subsection (5).\n","sortOrder":55},{"sectionNumber":"53","sectionType":"section","heading":"Conduct of investigation","content":"53 Conduct of investigation\nAn investigation must be carried out in the manner determined by\n","sortOrder":56},{"sectionNumber":"54","sectionType":"section","heading":"Representation","content":"54 Representation\nA person required to appear or produce documents under this Part\nmay be assisted or represented by another person.\n","sortOrder":57},{"sectionNumber":"55","sectionType":"section","heading":"Use and obtaining information","content":"55 Use and obtaining information\n(1) If the Commissioner obtains a document or information under this\nAct, other than under section 41 or 42, the Commissioner may use\nthe document or information for the purposes of this Part.\n(2) If the Commissioner believes that a person may be able to provide\ninformation or produce a document or other record relevant to a\nmatter being investigated, the Commissioner may, by notice in\nwriting served on the person, require the person to do one or more\nof the following:\n(a) provide the information to the Commissioner in writing signed\nby the person or, if the person is a body corporate, by an\nofficer of the body corporate;\n(b) produce to the Commissioner the document or record\nspecified in the notice;\n(c) attend before the Commissioner to answer questions relevant\nto the investigation.\n(3) A notice under subsection (2) must specify the period in which, or\nthe time, date and place at which, the person is required to provide\nthe information or document or attend to answer questions.\n(4) A person served with a notice under subsection (2) must comply\nwith the notice.\n\nHealth and Community Services Complaints Act 1998 31\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Power to examine witnesses","content":"56 Power to examine witnesses\n(1) The Commissioner may:\n(a) require a person appearing before the Commissioner to give\nevidence on oath; or\n(b) require a person to verify by statutory declaration:\n(i) any information or document produced under this\nPart; or\n(ii) a statement that the person has no relevant information\nor documents or no further relevant information or\ndocuments (as the case requires).\n(2) A person must comply with a direction given under\nsubsection (1)(b).\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Reference to another authority for investigation","content":"57 Reference to another authority for investigation\n(1) The Commissioner may refer a matter raised by or in the course of\nan investigation to the Ombudsman or another person, tribunal or\nboard having powers and functions under a law of the Territory, the\nCommonwealth, a State or another Territory in respect of the matter\nif the Commissioner considers that the matter should be dealt with\nby the Ombudsman, person, tribunal or board.\n(2) The Commissioner's powers to carry out an investigation are not\naffected by a matter being referred under subsection (1).\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Powers of entry and search","content":"58 Powers of entry and search\n(1) The Commissioner may, by information on oath, apply to a justice\nof the peace for a search warrant if the Commissioner:\n(a) believes that entry and inspection of premises is necessary to\nenable the Commissioner to carry out an investigation under\nthis Part; or\n(b) suspects that:\n(i) there may be on premises a document or other thing\nrelevant to a matter the Commissioner is investigating\nunder this Part; or\n\nHealth and Community Services Complaints Act 1998 32\n(ii) there is on premises one or more persons mentioned in\nsubsection (6) who cannot, practically or otherwise,\nexercise an absolute right to leave the premises and\nwhose health and safety may be at risk.\n(2) A justice of the peace may issue a search warrant if satisfied as to\nthe matters set out in the information.\n(3) A warrant authorises a person named in the warrant and any other\nperson assisting the person, with force if necessary, to do any of\nthe following:\n(a) to enter and remain in the premises specified in the warrant;\n(b) to search those premises and any person or thing in the\npremises;\n(c) to break open and search anything in those premises in which\nany document or other thing relevant to the investigation may\nbe contained;\n(d) to take photographs;\n(e) to seize and remove anything in the premises that the person\nhas reasonable grounds for believing is relevant to the\ninvestigation;\n(f) to examine, seize and remove, make copies of, or take\nextracts from, any document in the premises that the person\nhas reasonable grounds for believing is relevant to the\ninvestigation;\n(g) to require a provider or any other person in the premises to\nprovide information by answering questions that the person\nconsiders relevant to the investigation;\n(h) if the premises are of a kind mentioned in\nsubsection (1)(b)(ii) – to make arrangements for the health\nand safety of a person mentioned in the subsection.\n(4) A warrant must:\n(a) be in a prescribed form; and\n(b) specify the premises in respect of which it is made.\n(5) A warrant remains in force for 30 days after the day on which it is\nissued.\n\nHealth and Community Services Complaints Act 1998 33\n(6) For the purposes of subsection (1)(b)(ii), the persons are:\n(a) persons with a mental or physical illness; or\n(b) persons who belong to a special needs group; or\n(c) persons receiving any pensions, allowances or benefits\nbecause of age, illness or disability.\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Reimbursement of expenses","content":"59 Reimbursement of expenses\n(1) A person required to attend before the Commissioner or another\nperson under this Part is entitled to be paid fees and expenses\ndetermined under subsection (2).\n(2) The Minister may, by Gazette notice, determine the fees and\nexpenses to be paid to a person attending before the\nCommissioner or another person under this Part.\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"Use of documents","content":"60 Use of documents\n(1) If a document is produced or seized in accordance with this Part, or\notherwise obtained under this Act, the Commissioner may:\n(a) take possession of the document and make copies of or take\nextracts from the document; or\n(b) retain the document for the period that is necessary for the\npurposes of the investigation to which it relates or any\nproceedings arising as a result of the investigation.\n(2) If the Commissioner retains a document, the Commissioner must\nallow a person who would otherwise be entitled to inspect or make\ncopies of the document to do so at any reasonable time.\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"Use of information obtained during investigations","content":"61 Use of information obtained during investigations\n(1) Nothing in this Act prohibits the use of information or documents\nobtained during an investigation for the purposes of:\n(a) the prosecution of a person for an offence against this Act; or\n(b) proceedings in respect of a registered provider by the relevant\nBoard.\n(2) Except as provided in subsection (1), any information or document\nobtained during an investigation is not admissible in any\nproceedings before a court, tribunal or board.\n\nHealth and Community Services Complaints Act 1998 34\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Witness privilege","content":"62 Witness privilege\nA person has the same privileges and immunities with respect to\nproviding any information or documents under this Part as he or\nshe would have in the Supreme Court.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Privilege in case of unjustifiable exercise of power","content":"63 Privilege in case of unjustifiable exercise of power\nA person is not required to provide or produce any information or\ndocument under this Part if the Supreme Court determines that:\n(a) providing or producing the information or document is likely to:\n(i) adversely affect the financial interests of the person in a\nvery substantial way; or\n(ii) intrude on the privacy of an individual by disclosing\nprivate or confidential matters relating to the individual;\nand\n(b) the purpose for which the information or document is required\ndoes not justify the adverse effect or intrusion.\n","sortOrder":66},{"sectionNumber":"64","sectionType":"section","heading":"Supreme Court applications","content":"64 Supreme Court applications\n(1) The Commissioner or the person claiming privilege may apply to\nthe Supreme Court for it to determine the validity of the claim.\n(2) An application under subsection (1) must be made in accordance\nwith the Rules of the Supreme Court or, to the extent the Rules do\nnot provide, as directed by the Supreme Court.\n(3) The burden of proof is on the person seeking to withhold the\ninformation or document.\n(4) In determining an application, the Supreme Court may make all\norders necessary for the practical operation of this Division and, in\nparticular, may make orders:\n(a) excusing a person from providing or producing, or requiring a\nperson to provide or produce, the whole or part of the\ninformation or document; or\n(b) amending a notice issued under this Act by which the\ninformation or document was required to be provided or\nproduced.\n(5) Costs of an application are as ordered by the Supreme Court.\n\nHealth and Community Services Complaints Act 1998 35\n","sortOrder":67},{"sectionNumber":"65","sectionType":"section","heading":"Reports","content":"65 Reports\n(1) The Commissioner:\n(a) may prepare a report of his or her findings and conclusions at\nany time during an investigation; and\n(b) must prepare a report of his or her findings at the conclusion\nof an investigation.\n(2) The Commissioner must submit a report of an investigation carried\nout:\n(a) under section 48(1)(a), to the Minister or the Speaker, as\nappropriate; or\n(b) under section 48(1)(b), to the complainant, the provider and,\nwhere appropriate, the relevant Board; or\n(c) under section 48(1)(c), to any person whom the Commissioner\nconsiders should receive the report.\n(3) The Commissioner may give a copy of a report of an investigation,\nother than an investigation carried out under section 48(1)(a), to\nany of the following:\n(a) the Minister;\n(b) the provider mentioned in the report;\n(c) the provider's employer;\n(d) a person or body having under a law of the Territory, the\nCommonwealth, a State or another Territory a power or\nfunction that may be exercised or performed in relation to a\nmatter raised in the report;\n(e) the purchaser of a health service or community service;\n(f) any other person who the Commissioner considers should\nreceive the report.\n(4) Subject to section 67, a report may contain any information,\ncomments, opinions and recommendations for action that the\nCommissioner considers appropriate.\n\nHealth and Community Services Complaints Act 1998 36\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Notice of action to provider","content":"66 Notice of action to provider\n(1) After investigating a complaint under this Part, the Commissioner\nmay, irrespective of the outcome of the investigation, if he or she\nforms the view the complaint is justified:\n(a) give a notice in accordance with subsection (3) to the\nprovider; and\n(b) advise the complainant that the notice has been given to the\n(2) After investigating a complaint under this Part, if the Commissioner\nmakes recommendations to a provider in a report under section 65,\nhe or she must:\n(a) give a notice in accordance with subsection (3) to the provider;\nand\n(b) advise the complainant that the notice has been given to the\n(3) A notice under subsection (1) or (2) must contain:\n(a) the particulars of the complaint; and\n(b) the reasons for the Commissioner's decision under\nsubsection (1) or (2); and\n(c) any action that the Commissioner considers the provider\nought to take in order to resolve any issue disclosed by the\ninvestigation.\n(4) A provider who is given a notice under this section must, within\n45 days after receiving the notice or any longer period that the\nCommissioner allows under subsection (5), advise the\nCommissioner, in writing, of the action he or she has taken to\ncomply with the recommendations contained in the notice.\n(5) The Commissioner may extend the period mentioned in\nsubsection (4) by not more than 15 days on receiving a written\nrequest from the provider before the end of the period.\n(6) If within a reasonable period after a notice is given to a provider\nunder this section, the Commissioner is not satisfied that the\nprovider has taken appropriate steps in relation to any action\nrecommended to be taken, the Commissioner may, after\nconsidering any comments made by or on behalf of the provider,\n\nHealth and Community Services Complaints Act 1998 37\nsend to the Minister a copy of the notice and the recommendation\ntogether with a copy of the comments made by or on behalf of the\n(7) In addition to subsection (6), the Commissioner may give a report to\nthe Minister on the matters to which the notice relates.\n(8) The Minister must cause a copy of a report given under\nsubsection (6) to be tabled in the Legislative Assembly within\n6 sittings days after it is received.\n(9) The Commissioner is to be taken to have given notice under\nsubsection (1) or (2) if he or she gives the provider a copy of the\nreport prepared under section 65 in respect of the complaint, and\nreference in this section to the notice includes the report.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Adverse comments in reports","content":"67 Adverse comments in reports\n(1) The Commissioner must not make any comment adverse to a\nperson in a report under this Part unless:\n(a) the person has been given a reasonable opportunity to be\nheard in the matter; and\n(b) the person's explanation (if any) is fairly set out in the report.\n(2) Subsection (1)(a) does not apply if the Commissioner believes, on\nreasonable grounds, that awareness of the proposed comment by\nany person would be likely to result in:\n(a) the health or safety of a person being put at risk; or\n(b) a person being provided with a health service or community\nservice of a lower standard than would otherwise have been\nprovided; or\n(c) action that would prejudice the fair assessment of a complaint\nor investigation under this Act.\n","sortOrder":70},{"sectionNumber":"Part 8","sectionType":"part","heading":"Relationship between Commissioner and","content":"Part 8 Relationship between Commissioner and\nrelevant Boards\n","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Notification to relevant Board","content":"68 Notification to relevant Board\n(1) If a complaint is against or directly involves a registered provider,\nthe Commissioner must notify the relevant Board as soon as\npracticable after it is received.\n\nHealth and Community Services Complaints Act 1998 38\n(2) The Commissioner must consult the relevant Board in relation to\nthe management of the complaint.\n(3) If the Commissioner and the relevant Board agree, the\nCommissioner may refer the complaint to the Board for it to deal\nwith the complaint in accordance with its powers under the Act\nunder which it is established.\n(4) The Commissioner must take no further action in respect of a\ncomplaint that is referred to the relevant Board under subsection (3)\nunless the Board refers the complaint back to the Commissioner.\n(5) The relevant Board must comply with sections 71 and 74 in respect\nof a complaint that is referred to it.\n(6) Subject to this Act, information received by a relevant Board under\nsubsection (1) must not be disclosed by the Board.\n(7) If a complaint is referred to a relevant Board, the disclosure of\ninformation received under subsection (1) is subject to the Act\nunder which the relevant Board is established.\n(8) The consent of the complainant is not required before a complaint\nmay be referred to a relevant Board under this section.\n","sortOrder":72},{"sectionNumber":"69","sectionType":"section","heading":"Referral of complaint to Commissioner","content":"69 Referral of complaint to Commissioner\n(1) A relevant Board must as soon as practicable after it receives a\ncomplaint against a registered provider that appears to be made by\na person mentioned in section 22 and to disclose a ground\nmentioned in section 23:\n(a) give the Commissioner a copy of the complaint and all other\ndocuments in its possession that relate to the complaint,\nwhere appropriate; and\n(b) consult with the Commissioner as to whether the complaint\nshould be referred to the Commissioner.\n(2) Consultation under subsection (1)(b) must address the following:\n(a) how the complaint may be managed by the Commissioner;\n(b) whether the relevant Board should deal, or continue to deal,\nwith the complaint.\n(3) If the Commissioner and the relevant Board agree, the complaint\nmay be:\n(a) referred to the Commissioner for action under this Act; or\n\nHealth and Community Services Complaints Act 1998 39\n(b) dealt with by the relevant Board under the Act under which it is\nestablished.\n(4) A complaint referred to the Commissioner under this section is\ntaken to be a complaint made to the Commissioner on the date on\nwhich it is referred to the Commissioner and this Act, other than\nsection 27(2)(c), applies accordingly.\n(5) Despite any other Act but subject to subsection (6), the relevant\nBoard must not take any action in respect of a complaint referred to\nthe Commissioner under this section unless, or until, the\nCommissioner refers the complaint back to the relevant Board.\n(6) The relevant Board may take any interim measures in respect of\nthe registered provider's right to practice that is provided for in the\nAct under which it is established pending the outcome of the\ninvestigation of the complaint.\n(7) The relevant Board must notify the Commissioner of any action\ntaken under subsection (6).\n(8) A complaint may be referred under this section without the consent\nof the person who made the complaint.\n","sortOrder":73},{"sectionNumber":"70","sectionType":"section","heading":"Establishment of consultation protocols","content":"70 Establishment of consultation protocols\n(1) For sections 68 and 69, the Commissioner and each relevant Board\nmust agree appropriate written protocols:\n(a) to enable consultation in respect of the management of a\ncomplaint to occur; and\n(b) to facilitate the resolution of any disagreement as to how a\ncomplaint will be managed.\n(2) The Commissioner in agreeing protocols with each relevant Board,\nmust give appropriate recognition to the operation of the Board and\nthe disciplinary functions of the Board.\n(3) The protocols may provide procedures and administrative\narrangements to deal with matters relating to proceedings in\nrespect of a registered provider by the relevant Board.\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Complaints referred after assessment","content":"71 Complaints referred after assessment\n(1) The relevant Board to which a complaint is referred under this Act\nmay exercise the powers and perform the functions it has to deal\nwith the complaint under the Act under which it is established.\n\nHealth and Community Services Complaints Act 1998 40\n(2) The relevant Board to which a complaint is referred under this Act\nmust, within 30 days after dealing with the complaint, provide the\nCommissioner with a report of:\n(a) its findings; and\n(b) any action it has taken or proposes to take.\n","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Action on investigation reports","content":"72 Action on investigation reports\n(1) If a report under section 65 recommends that a relevant Board\nexercise any of its powers or perform any of its functions, the Board\nmust, within 60 days of receiving the report:\n(a) notify the Commissioner, in writing, whether it intends to\nexercise the power or perform the function; and\n(b) if it does not intend to do so, the reason for not doing so.\n(2) The relevant Board must, within 30 days after exercising its powers\nor performing its functions in accordance with a recommendation in\na report under section 65, notify the Commissioner, in writing, of:\n(a) the results of the exercise of the power or performance of the\nfunction; and\n(b) any finding made; and\n(c) any action taken or proposed to be taken.\n(3) The Commissioner may report to the Minister any failure or delay of\na relevant Board to exercise a power or perform a function in\naccordance with a recommendation in a report under section 65.\n(4) If a report is made under subsection (3), the Commissioner may, in\naddition, prepare and deliver to the Minister a report to be tabled in\nthe Legislative Assembly.\n(5) The Minister must table the report in the Legislative Assembly\nwithin 6 sittings days after receiving it.\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Information to Board","content":"73 Information to Board\n(1) Despite sections 33 and 97, the Commissioner must give the\nrelevant Board information received by the Commissioner in\nconducting an investigation of a complaint against a registered\n(2) The relevant Board may use the information in exercising its\npowers and performing its functions.\n\nHealth and Community Services Complaints Act 1998 41\n(3) The Commissioner must report on the progress and results of an\ninvestigation of a complaint against a registered provider when\nrequested to do so by the relevant Board.\n(4) The Commissioner must advise the relevant Board if no further\naction in respect of a complaint against a registered provider is to\nbe taken under section 30.\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Information from Board","content":"74 Information from Board\n(1) The relevant Board may provide to the Commissioner information,\ncomment and recommendations in relation to a registered provider\nagainst whom a complaint is made and in relation to the\ncomplainant.\n(2) The relevant Board must provide information in its possession\nrelating to a complaint against a registered provider or relating to\nthe registered provider when requested to do so by the\n(3) The relevant Board must report on the progress and results of a\ncomplaint against a registered provider that is referred to it or on\nthe exercise of its powers or the performance of its functions in\nrespect of a recommendation in a report under section 65 when\nrequested to do so by the Commissioner.\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Commissioner may be party to proceedings by Board","content":"75 Commissioner may be party to proceedings by Board\n(1) If the relevant Board takes proceedings against a registered\nprovider in respect of a matter relating to or arising out of a\ncomplaint, or investigation of a complaint, under this Act:\n(a) it must notify the Commissioner of the date, time and place of\nthe proceedings; and\n(b) the Commissioner may appear as a party to the proceeding at\nany stage.\n(2) The Commissioner has the same status as any other party when\nappearing as a party in proceedings under subsection (1).\nNote for section 75\nFor provision about the parties to proceedings taken on a notification made under\nthe Health Practitioner Regulation National Law, see section 194 of that Law.\n\nHealth and Community Services Complaints Act 1998 42\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Assistance with other investigations","content":"76 Assistance with other investigations\n(1) The Commissioner may investigate a matter for a relevant Board if\nrequested to do so by the Board and the investigation does not\notherwise conflict with the Commissioner's functions and\nresponsibilities under this Act.\n(2) An investigation under subsection (1) may be conducted into a\nmatter that is not within the Commissioner's jurisdiction.\n(3) The Commissioner may recover from the relevant Board the\nreasonable costs of conducting the investigation.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Further action by Board","content":"77 Further action by Board\nNothing in this Act prevents the relevant Board from taking action in\nrespect of a complaint against a registered provider that is contrary\nto, or in addition to, that taken or recommended by the\nCommissioner under this Act.\n","sortOrder":81},{"sectionNumber":"Part 9","sectionType":"part","heading":"Health and Community Services Complaints","content":"Part 9 Health and Community Services Complaints\nReview Committee\n","sortOrder":82},{"sectionNumber":"78","sectionType":"section","heading":"Establishment of Committee","content":"78 Establishment of Committee\n(1) The Health and Community Services Complaints Review\nCommittee is established.\n(2) The Committee consists of 5 persons appointed by the Minister.\n(3) Of the persons appointed under subsection (2):\n(a) one must be a lawyer of not less than 5 years standing; and\n(b) 2 must be persons who, in the opinion of the Minister, will\nrepresent the interests of providers; and\n(c) 2 must be persons who, in the opinion of the Minister, will\nrepresent the interests of users.\n(4) Before appointing a person to the Committee, the Minister must:\n(a) invite applications from the public; and\n(b) consult:\n(i) with the Commissioner; and\n(ii) where an applicant is a registered provider, with the\nrelevant Board.\n\nHealth and Community Services Complaints Act 1998 43\n(5) The member of the Committee appointed under subsection (3)(a) is\nthe Chairperson of the Committee.\n(6) A member of the Committee holds office for the term specified by\nthe Minister in the instrument of his or her appointment.\n(7) The Minister may terminate the appointment of a person as a\nmember of the Committee.\n","sortOrder":83},{"sectionNumber":"79","sectionType":"section","heading":"Powers and functions of Committee","content":"79 Powers and functions of Committee\n(1) The functions of the Committee are as follows:\n(a) to review the conduct of a complaint to determine whether the\nprocedures and processes for responding to the complaint\nwere followed and, as it thinks fit, to make recommendations\nto the Commissioner in respect of the conduct of the\ncomplaint;\n(b) to monitor the operation of this Act and make\nrecommendations to the Commissioner in respect of any\naspect of the procedures and processes for responding to\ncomplaints;\n(c) to advise the Commissioner and the Minister, as appropriate,\non the operation of this Act and the Regulations.\n(2) Subsection (1) does not authorise the Committee:\n(a) to investigate a complaint; or\n(b) to review a decision of the Commissioner to investigate, not to\ninvestigate, or to discontinue investigation of, a complaint; or\n(c) to review a finding, recommendation or other decision of the\nCommissioner, or of any other person, in relation to a\nparticular investigation or complaint.\n(3) The Committee has power to do all things necessary or convenient\nto be done in connection with the performance of its functions.\n","sortOrder":84},{"sectionNumber":"80","sectionType":"section","heading":"Application for review","content":"80 Application for review\n(1) A review under section 79(1)(a) may be undertaken following:\n(a) a request from the complainant or the provider; or\n(b) a referral from the Commissioner.\n\nHealth and Community Services Complaints Act 1998 44\n(2) A request under subsection (1)(a) must:\n(a) be in writing; and\n(b) provide details of why the review should be undertaken.\n(3) The Commissioner must advise the parties to a complaint of their\nright to have a review undertaken under this Part when notice under\nsection 29 is given.\n","sortOrder":85},{"sectionNumber":"81","sectionType":"section","heading":"Information to Committee","content":"81 Information to Committee\n(1) Subject to subsection (2), the Commissioner must provide\ninformation and documents to the Committee on any action he or\nshe has taken in relation to an application for review made under\nthis Part.\n(2) If the Commissioner considers that the disclosure of a matter to the\nCommittee would be:\n(a) unlawful; or\n(b) in breach of confidence; or\n(c) contrary to the public interest; or\n(d) detrimental to conciliation; or\n(e) detrimental to the performance of the Commissioner's\nfunctions;\nthe Commissioner may refuse to provide the information or\ndocument and, where he or she does so, must refer the matter to\nthe Minister for direction.\n(3) After considering a matter referred under subsection (2), the\nMinister must:\n(a) direct the Commissioner not to provide the information or\ndocument, if the Minister considers that it should not be\nprovided for a reason mentioned in subsection (2); or\n(b) otherwise, direct the Commissioner to provide the information\nor document.\n","sortOrder":86},{"sectionNumber":"82","sectionType":"section","heading":"Commissioner to report to Committee","content":"82 Commissioner to report to Committee\nThe Commissioner must report to the Committee on any action\ntaken in response to a recommendation made by the Committee\nunder section 79(1)(a).\n\nHealth and Community Services Complaints Act 1998 45\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Procedure of Committee","content":"83 Procedure of Committee\n(1) At a meeting of the Committee 3 members constitute a quorum.\n(2) The Chairperson is to preside at a meeting of the Committee at\nwhich he or she is present.\n(3) If the Chairperson is not present at a meeting of the Committee, the\nmembers present must elect a member to preside at the meeting.\n(4) The Chairperson must convene as many meetings of the\nCommittee as are necessary for it to exercise its powers and\nperform its functions.\n(5) The times and places for meetings of the Committee are to be fixed\nby the Chairperson.\n(6) Subject to this Act, the Committee may regulate its own procedure.\n(7) Questions arising at a meeting of the Committee are to be\ndetermined by a majority vote of the members present and voting\nand, in the event of an equality of votes, the person presiding at the\nmeeting has a casting vote.\n(8) If a member of the Committee disagrees with a decision of the\nCommittee, the member may require:\n(a) that his or her view be recorded with reasons; and\n(b) that his or her view and reasons accompany any presentation\nof the decision to the Commissioner.\n","sortOrder":88},{"sectionNumber":"84","sectionType":"section","heading":"Disclosure of interests","content":"84 Disclosure of interests\n(1) If a member of the Committee has a direct or indirect interest in a\nmatter that is to be considered by the Committee, the member must\ndisclose the interest to the Committee.\n(2) The disclosure must be made at a meeting of the Committee as\nsoon as practicable after the relevant facts come to the member's\nknowledge.\n(3) A record of the disclosure must be made in the minutes of the\nmeeting.\n\nHealth and Community Services Complaints Act 1998 46\n(4) Unless the Committee otherwise determines, the member must not:\n(a) be present at the deliberations of the Committee concerning\nthe matter; or\n(b) take part in the Committee's decision in relation to the matter.\n(5) In this section:\ninterest does not include an interest that a member of the\nCommittee holds in common with other members of a calling, or\nsection of a calling, to which the member belongs.\n","sortOrder":89},{"sectionNumber":"85","sectionType":"section","heading":"Procedural fairness","content":"85 Procedural fairness\nA person when exercising a power or performing a function under\nthis Act must have regard to the principles of procedural fairness.\n","sortOrder":90},{"sectionNumber":"86","sectionType":"section","heading":"Informality of procedures","content":"86 Informality of procedures\nA person when exercising a power or performing a function under\nthis Act:\n(a) must proceed with as little formality and technicality and with\nas much expedition as the requirements of this or any other\nAct and a proper consideration of the matter permits; and\n(b) is not bound by the rules of evidence but may inform himself\nor herself of any matter in any manner that he or she\nconsiders appropriate.\n","sortOrder":91},{"sectionNumber":"87","sectionType":"section","heading":"Recommendations to have regard to available resources","content":"87 Recommendations to have regard to available resources\n(1) A recommendation of the Commissioner under this Act in relation to\na health service or community service must be made in a way that\nto give effect to it:\n(a) would not be beyond the resources appropriated for the\ndelivery of health services and community services; or\n(b) would not be inconsistent with the way in which those\nresources have been allocated by the Minister and the Chief\nExecutive Officer in accordance with government policy.\n\nHealth and Community Services Complaints Act 1998 47\n(2) In subsection (1):\nChief Executive Officer means the Chief Executive Officer of the\nAgency allotted responsibility for the administration of the Public\nand Environmental Health Act 2011 by an Administrative\nArrangements Order.\n","sortOrder":92},{"sectionNumber":"88","sectionType":"section","heading":"General standards of clinical practice","content":"88 General standards of clinical practice\nNothing in this Act gives the Commissioner power to determine or\nrecommend general standards of clinical practice.\n","sortOrder":93},{"sectionNumber":"89","sectionType":"section","heading":"Inconsistency between Act and Health Practitioner Regulation","content":"89 Inconsistency between Act and Health Practitioner Regulation\nNational Law\nIf there is an inconsistency between this Act and the Health\nPractitioner Regulation National Law, that Law prevails to the extent\nof the inconsistency\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Consultation with and by Commissioner","content":"90 Consultation with and by Commissioner\n(1) The Commissioner must consult with the Minister concerning\nmatters arising under the administration of this Act when requested\nby the Minister.\n(2) The Commissioner must consult with the Chief Executive Officer of\nan Agency that provides health services or community services\nconcerning matters arising under the administration of this Act\nwhen requested by the Chief Executive Officer.\n(3) A Chief Executive Officer of an Agency that provides health\nservices or community services must consult with the\nCommissioner concerning matters arising under the administration\nof this Act when requested by the Commissioner.\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Offences relating to obstruction","content":"91 Offences relating to obstruction\nA person must not without reasonable excuse (proof of which lies\non the person):\n(a) obstruct, hinder, resist or improperly influence the\nCommissioner or any other person when exercising a power\nor performing a function under this Act; or\n(b) refuse or wilfully fail to comply with a lawful requirement of the\nCommissioner under this Act.\n\nHealth and Community Services Complaints Act 1998 48\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Offences relating to provision of information","content":"92 Offences relating to provision of information\n(1) A person who is required to do so under this Act must not, without\nreasonable excuse (proof of which lies on the person), refuse or\nfail:\n(a) to attend before a person for the purposes of providing\ninformation; or\n(b) to take an oath; or\n(c) to provide information by answering a question or otherwise;\nor\n(d) to produce a document.\n(2) A person must not, without reasonable excuse (proof of which lies\non the person):\n(a) provide to the Commissioner or any other person exercising a\npower or performing a function under this Act any information\nor document or make a statement that the person knows is\nfalse or misleading in a material particular; or\n(b) refuse or fail to include in information provided to the\nCommissioner or a person exercising a power or performing a\nfunction under this Act other information without which the\ninformation provided is, to the knowledge of the person, false\nor misleading in a material particular; or\n(c) wilfully or knowingly mislead the Commissioner or any other\nperson exercising a power or performing a function under this\nAct.\n(3) A person must not provide the Commissioner or any other person\nperforming a function or exercising a power under this Act a\ndocument containing information that the person knows is\nmisleading in the material particular without:\n(a) indicating that the document is false or misleading and the\nmanner in which it is false or misleading; and\n\nHealth and Community Services Complaints Act 1998 49\n(b) giving correct information if the person has, or can reasonably\nobtain, the correct information.\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Offences relating to intimidation","content":"93 Offences relating to intimidation\n(1) A person must not persuade or attempt to persuade, by threat or\nintimidation, another person:\n(a) to refrain from making a complaint; or\n(b) to withdraw a complaint; or\n(c) to fail to co-operate with the Commissioner or any other\nperson exercising a power or performing a function under this\nAct; or\n(d) to fail to provide information or a document to the\nperforming a function under this Act; or\n(e) to provide information or a document to the Commissioner or\nany other person exercising a power or performing a function\nunder this Act that is false or misleading in a material\nparticular or to provide information or a document in a manner\nthat will make the information or the document false or\nmisleading in a material particular.\n(2) It is a defence to a prosecution for an offence under subsection (1)\nthat:\n(a) the defendant had another ground for engaging in the conduct\nalleged; and\n(b) the ground is a reasonable one.\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Offences relating to reprisal","content":"94 Offences relating to reprisal\n(1) A person must not take or conspire to take a reprisal against\nanother person because, or in the belief that, a person:\n(a) has made or may make a complaint; or\n\nHealth and Community Services Complaints Act 1998 50\n(b) has co-operated, may co-operate or is co-operating with the\nperforming a function under this Act; or\n(c) has provided, may provide or is providing documents or\ninformation, by answering questions or otherwise, to the\nperforming a function under this Act.\n(2) Without limiting subsection (1), a reprisal includes any of the\nfollowing:\n(a) failing to employ a person;\n(b) dismissing a person from employment;\n(c) penalising or discriminating against a person in the course of\nhis or her employment.\n(3) It is sufficient for a contravention of subsection (1) if the ground\nspecified in that subsection is a significant factor in inducing the\nperson to take or conspire to take a reprisal.\n(4) It is a defence to a prosecution for an offence under subsection (1)\nfor the defendant to prove that despite a ground specified in that\nsubsection being a significant ground for engaging in the conduct\nalleged to constitute the reprisal:\n(a) the defendant had another ground for engaging in the\nconduct; and\n(b) the ground is a reasonable one; and\n(c) the defendant had taken a significant step towards engaging\nin the conduct before acting on the ground specified in that\nsubsection.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Giving of information protected","content":"95 Giving of information protected\n(1) An action, claim or demand, either civil or criminal, cannot be\ncommenced or continued against a person who, in good faith,\nprovides or produces any information or document to the\nCommissioner or a staff member or contractor:\n(a) for the purposes of a complaint; or\n(b) in the course of an investigation under this Act.\n\nHealth and Community Services Complaints Act 1998 51\n(2) In proceedings for defamation in relation to a publication it is a\nlawful excuse that the publication was made in giving the\ninformation.\n(3) A person:\n(a) on whom a provision of the Act imposes a duty to maintain\nconfidentiality with respect to a matter; or\n(b) who is subject to an obligation by way of oath, rule of law or\npractice to maintain confidentiality with respect to the matter;\nis taken not to have:\n(c) committed an offence against the Act; or\n(d) breached the oath, rule of law or practice or a law relevant to\nthe oath, rule of law or practice; or\n(e) rendered the person liable to disciplinary action;\nmerely because the person has given the information.\n(4) An obligation to maintain secrecy or any other restriction on\nproviding or producing any information or document does not apply\nto or in relation to providing or producing any information or\ndocument for the purposes of an investigation under this Act.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Protection from civil actions","content":"96 Protection from civil actions\n(1) A person is not liable in respect of any loss, damage or injury of any\nkind suffered by another person as a result of any of the following\ndone in good faith:\n(a) making a complaint;\n(b) making a statement, providing any information, whether by\nanswering a question or otherwise, or producing any\ndocument for the purposes of this Act;\n(c) making a report under this Act;\n(d) providing a copy of a report to a person under this Act;\n(e) doing, or omitting to do, anything in the exercise of a power or\nthe performance of a function under this Act.\n(2) The onus of proof of a lack of good faith is on the person alleging it.\n\nHealth and Community Services Complaints Act 1998 52\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Preservation of confidentiality","content":"97 Preservation of confidentiality\n(1) A person must not record, disclose or use confidential information\ngained by the person through involvement in the administration of\nthis Act unless it is:\n(a) necessary for this Act; or\n(b) expressly authorised or required under this or another Act; or\n(c) expressly authorised or required under the Regulations; or\n(d) expressly authorised in writing by the person to whom it\nrelates.\n(2) Except if it is necessary to do so for this Act, a person is not\nrequired:\n(a) to disclose confidential information to a court or tribunal; or\n(b) to produce that part of a document that contains confidential\ninformation to a court or tribunal.\n(3) For this section, a person gains information through involvement in\nthe administration of this Act if the person gains the information:\n(a) in the course of the involvement; or\n(b) because of opportunity provided by the involvement.\n(4) For this section, the following persons are involved in the\nadministration of this Act:\n(a) the Commissioner;\n(b) a staff member;\n(ba) a contractor;\n(c) a conciliator;\n(d) a professional mentor;\n(e) a member of the Committee;\n(f) a member of a Board.\n\nHealth and Community Services Complaints Act 1998 53\n(5) In this section:\nconfidential information includes the following:\n(a) information about the identity, occupation or whereabouts of a\ncomplainant or a user or provider to whom a complaint relates\nor of a person who assists an investigation;\n(b) information disclosed by a complaint;\n(c) information of personal concern to a person;\n(d) information that, if disclosed, may cause detriment to a\nperson.\n(6) A person does not commit an offence against subsection (1) in\nrespect of confidential information that is of personal concern to a\nperson or that may cause detriment to a person if the person did\nnot know or could reasonably have known (proof which lies on the\nperson) that recording, disclosure or using the information would\ncause concern or detriment.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Disclosure of non-confidential information","content":"98 Disclosure of non-confidential information\nNothing in this Act prevents disclosure or use of statistical or other\ninformation that could not reasonably be expected to lead to the\nidentification of any person.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Returns by providers","content":"99 Returns by providers\n(1) A prescribed provider must lodge with the Commissioner, not later\nthan the date determined by the Commissioner, a return containing\nthe particulars that the Commissioner requires concerning:\n(a) all complaints that the provider was notified of by the\nCommissioner during the financial year; and\n(b) all complaints that the provider received during the financial\nyear; and\n(c) any action taken during the financial year in response to, or as\na result of receiving, a complaint mentioned in paragraph (a)\nor (b) or such a complaint received during a previous financial\nyear.\n\nHealth and Community Services Complaints Act 1998 54\n(2) In subsection (1), a reference to a complaint received by a provider\nincludes:\n(a) a complaint received by a provider in relation to a health\nservice or community service, whether or not the same or a\nsimilar complaint has been made to the Commissioner; and\n(b) a complaint in respect of which the Commissioner, if the\ncomplaint had been made to him or her, would not have\nentertained.\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Internal complaints procedures","content":"100 Internal complaints procedures\nA prescribed provider must implement the internal complaints\nprocedures as set out in the Regulations.\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Proceedings for offence","content":"101 Proceedings for offence\nA prosecution of an offence against this Act must be commenced\nwithin 12 months after the later of the following:\n(a) the commission of the offence;\n(b) the offence coming to the knowledge of the Commissioner.\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Evidence","content":"102 Evidence\n(1) In any proceedings, a certificate purporting to be that of the\nCommissioner stating that a person is a delegate in relation to a\npower or function specified in the certificate or a conciliator,\nprofessional mentor, staff member or contractor is evidence of the\nmatter.\n(2) In any proceedings, a certificate purporting to be that of the\nCommissioner or another person mentioned in subsection (1)\nstating that the Commissioner or the person has made or taken a\ndecision, step or action or that a document is held by or was\nprovided to the Commissioner or the person is evidence of those\nmatters.\n(3) Judicial notice must be taken of:\n(a) the appointment of a person as the Commissioner or to act in\nthe office of the Commissioner or as a Deputy Commissioner\nfor Health and Community Services Complaints; and\n(b) the person's signature.\n\nHealth and Community Services Complaints Act 1998 55\n","sortOrder":107},{"sectionNumber":"104","sectionType":"section","heading":"Code of Health and Community Rights and Responsibilities","content":"104 Code of Health and Community Rights and Responsibilities\n(1) The Minister may, in writing, approve a code prepared in\naccordance with this section to be the Code of Health and\nCommunity Rights and Responsibilities.\n(2) The Code:\n(a) must deal with implementing the principles specified in the\nRegulations; and\n(b) may deal with other matters that are relevant to providing or\nusing health services and community services.\n(3) The Commissioner must develop a draft code within 2 years after\nthe commencement of this Act or within any longer period that the\nMinister determines.\n(4) In developing the draft code, the Commissioner must:\n(a) invite submissions from, and consult with, interested persons\nand bodies to ensure that a wide range of views are available\nin developing the code; and\n(b) make recommendations to the Minister relating to the content,\napplication, enforcement and review of the draft code.\n(5) The Commissioner must report to the Minister on the development\nof the draft code at intervals of not longer than 12 months.\n","sortOrder":108},{"sectionNumber":"105","sectionType":"section","heading":"Regulations","content":"105 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n","sortOrder":109},{"sectionNumber":"106","sectionType":"section","heading":"Review of operations of Act","content":"106 Review of operations of Act\n(1) The Minister must cause a review and report to be made on the\noperation of this Act as soon as practicable after the expiration of\n2 years after the commencement of this Act and then at intervals\nnot longer than 5 years.\n(2) The report must contain recommendations as to whether\namendments to this Act or the Regulations are necessary or\ndesirable.\n\n","sortOrder":110},{"sectionNumber":"Div 2","sectionType":"division","heading":"Health and Community Services Complaints Amendment Act 2011","content":"Division 2 Health and Community Services Complaints Amendment Act 2011\nHealth and Community Services Complaints Act 1998 56\n(3) The Minister must cause a copy of the report to be tabled in the\nLegislative Assembly as soon as practicable after it is received.\nDivision 1 Health and Community Services Complaints\nAct 1998\n","sortOrder":111},{"sectionNumber":"107","sectionType":"section","heading":"Transitional","content":"107 Transitional\n(1) This Act applies to a health service or community service provided\nwithin 2 years before the commencement of this Act.\n(2) A complaint in respect of a health service or community service\nreferred to in subsection (1) that would otherwise be out of time\nmay be accepted by the Commissioner if, in his or her opinion, it is\nmade within a reasonable time after the commencement of this Act.\nDivision 2 Health and Community Services Complaints\nAmendment Act 2011\n","sortOrder":112},{"sectionNumber":"108","sectionType":"section","heading":"Definitions","content":"108 Definitions\nIn this Division:\n2011 amendments means the amendments to the Act effected by\nthe Health and Community Services Complaints Amendment\nAct 2011.\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Commissioner and acting Commissioner","content":"109 Commissioner and acting Commissioner\nThe 2011 amendments do not affect the appointment of a person\nholding office as Commissioner, or acting in the office of\nCommissioner, at the commencement of sections 6 and 7 of the\nHealth and Community Services Complaints Amendment Act 2011.\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Staff and facilities","content":"110 Staff and facilities\n(1) The 2011 amendments do not affect:\n(a) the employment of any current employee; or\n(b) any right, privilege, obligation or liability acquired, accrued or\nincurred by an employee before the commencement.\n(2) Without limiting subsection (1):\n(a) at the commencement a current employee becomes a staff\nmember; and\n\n","sortOrder":115},{"sectionNumber":"Div 3","sectionType":"division","heading":"Transitional matters for Integrity and Ethics Commissioner Act 2025","content":"Division 3 Transitional matters for Integrity and Ethics Commissioner Act 2025\nHealth and Community Services Complaints Act 1998 57\n(b) an arrangement in force immediately before the\ncommencement under section 14(2) (as then in force),\ncontinues as an arrangement under section 14(1) or (2)(a), as\nappropriate; and\n(c) where the context permits, a reference in the Act to a staff\nmember includes a reference to an employee.\n(3) In this section:\ncommencement means the commencement of section 14 of the\nHealth and Community Services Complaints Amendment Act 2011.\ncurrent employee means a person who is an employee\nimmediately before the commencement.\nemployee means a person employed to assist the Commissioner\nunder section 14 as in force before the commencement.\nDivision 3 Transitional matters for Integrity and Ethics\nCommissioner Act 2025\n","sortOrder":116},{"sectionNumber":"111","sectionType":"section","heading":"Application of amendment to section 10","content":"111 Application of amendment to section 10\nThe amendment to this Act by section 79 of the Integrity and Ethics\nCommissioner Act 2025 applies to an acting Health Complaints\nCommissioner in office on the commencement of that section.\n\nHealth and Community Services Complaints Act 1998 58\nsection 9\n1 Limitations on appointment of Commissioner\n(1) A person cannot be appointed Commissioner if he or she is:\n(a) a registered provider; or\n(b) a member of a professional association of health service\nproviders.\n(2) A professional association of health services providers does not\ninclude:\n(a) an industrial organisation; and\n(b) an association of health administrators.\n(3) The office of Commissioner may be held in conjunction with any\nother public office.\n2 Term of appointment\nThe Commissioner holds office for the term, not longer than\n5 years, that is specified in his or her appointment, but is eligible to\nbe re-appointed.\n3 Conditions of appointment\n(1) The Commissioner:\n(a) holds office on terms and conditions, not inconsistent with this\nAct; and\n(b) is to be paid remuneration, expenses and allowances;\nas the Administrator determines from time to time.\n(3) If a public sector employee is appointed Commissioner, the\nemployee retains all his or her existing and accruing rights as if\nservice as Commissioner were a continuation of service as an\nemployee.\n(4) If a person ceases to be Commissioner and becomes a public\nsector employee, for determining his or her rights as a public sector\nemployee, service as Commissioner is taken to be service in the\nPublic Sector.\n\nHealth and Community Services Complaints Act 1998 59\n(5) The Commissioner must not engage in remunerative employment\noutside the duties of his or her office under this Act unless he or\nshe has obtained the consent of the Minister in writing.\n4 Leave of absence\nThe Minister may grant leave of absence to the Commissioner on\nterms and conditions that the Minister determines.\n5 Resignation\nThe Commissioner may resign his or her office by written notice to\nthe Minister.\n6 Retirement\nThe Minister may, with the consent of the Commissioner, retire the\nCommissioner on the ground of incapacity.\n7 Termination or suspension of appointment\n(1) The Administrator may terminate or suspend the appointment of the\nCommissioner on the grounds that the Commissioner:\n(a) is physically or mentally incapable of continuing as\nCommissioner; or\n(b) has been guilty of misbehaviour or misconduct; or\n(c) becomes bankrupt, applies to take the benefit of the law for\nthe relief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of his or her remuneration\nor estate for their benefit.\n(3) The suspension of the Commissioner does not affect his or her\nentitlement to be paid any remuneration, expenses and allowances.\n(4) For the purposes of inquiring into a matter that may warrant\nterminating the appointment of a person as Commissioner, the\nAdministrator may suspend the person's appointment for not longer\nthan 6 months.\n\nHealth and Community Services Complaints Act 1998 60\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nHealth and Community Services Complaints Act 1998 (Act No. 29, 1998)\nAssent date 30 March 1998\nCommenced 10 June 1998 (Gaz G22, 10 June 1998, p 5)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nHealth and Community Services Complaints Amendment Act 2002 (Act No. 64, 2002)\nAssent date 8 November 2002\nCommenced 1 July 2003 (s 2 and s 2(2) Information Act 2002 (Act No. 62,\n2002))\nCarers Recognition Act 2006 (Act No. 22, 2006)\nAssent date 19 September 2006\nCommenced 29 November 2006 (Gaz G48, 29 November 2006, p 2)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (s 2 and Gaz G26,\n27 June 2007, p 3)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\nStatute Law Revision Act 2009 (Act No. 25, 2009)\nAssent date 1 September 2009\nCommenced 16 September 2009 (Gaz G37, 16 September 2009, p 3)\n\nHealth and Community Services Complaints Act 1998 61\nHealth Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,\n2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (s 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nCare and Protection of Children (Children's Commissioner) Amendment Act 2011 (Act\nNo. 9, 2011)\nAssent date 18 April 2011\nCommenced 1 July 2011 (Gaz S32, 20 June 2011)\nHealth and Community Services Complaints Amendment Act 2011 (Act No. 13, 2011)\nAssent date 18 April 2011\nCommenced 4 May 2011 (Gaz S19, 4 May 2011)\nHealth Practitioner (National Uniform Legislation) Implementation Act 2012 (Act No. 17,\n2012)\nAssent date 22 May 2012\nCommenced 1 July 2012 (s 2)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nChildren's Commissioner Act 2013 (Act No. 33, 2013)\nAssent date 18 December 2013\nCommenced 1 January 2014 (Gaz S72, 23 December 2013)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nIntegrity and Ethics Commissioner Act 2025 (Act No. 32, 2025)\nAssent date 27 November 2025\nCommenced ss 3 to 7 and pts 2 to 6 and 8: nc; rem: 28 November 2025\n(s 2(1))\n\nHealth and Community Services Complaints Act 1998 62\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 5, 22, 25A, 27 and 87.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 13, 2011, s 20\ns 3 amd No. 13, 2011, s 20\ns 4 amd No. 64, 2002, s 4; No. 22, 2006, s 11; No. 5, 2009, s 167; No. 18, 2010,\ns 40; No. 13, 2011, s 4; No. 17, 2012, s 55\ns 5 amd No. 22, 2006, s 12; No. 13, 2011, s 20\ns 7 amd No. 13, 2011, s 5\ns 9 amd No. 13, 2011, s 6\ns 10 amd No. 13, 2011, s 7; No. 32, 2025, s 79\ns 11 amd No. 13, 2011, s 8\nss 12 – 13 amd No. 13, 2011, s 20\ns 14 sub No. 13, 2011, s 9\ns 16 amd No. 40, 2010, s 118; No. 8, 2016, s 45\ns 17 amd No. 13, 2011, s 10\ns 18 amd No. 13, 2011, s 20\ns 22 amd No. 13, 2011, s 20; No. 7, 2011, s 140\ns 23 amd No. 22, 2006, s 13; No. 13, 2011, s 20\nss 24 – 25 amd No. 13, 2011, s 20\ns 25A ins No. 64, 2002, s 5\nsub No. 5, 2009, s 168\ns 26 amd No. 13, 2011, s 20\ns 27 amd No. 64, 2002, s 6; No. 13, 2011, s 20; No. 9, 2011, s 24; No. 33, 2013,\ns 70\ns 28 amd No. 13, 2011, s 20; No. 23, 2013, s 10\ns 30 amd No. 13, 2011, s 20\nss 32 – 34 amd No. 13, 2011, s 20\nss 38 – 40 amd No. 13, 2011, s 20\nss 42 – 43 amd No. 13, 2011, s 20\ns 45 amd No. 13, 2011, s 20\ns 46 amd No. 13, 2011, s 11\ns 47 amd No. 13, 2011, s 12; No. 23, 2013, s 10\npt 7\ndiv 1 hdg amd No. 13, 2011, s 20\ns 48 amd No. 13, 2011, s 20\ns 52 amd No. 13, 2011, s 20; No. 38, 2014, s 2\ns 53 amd No. 13, 2011, s 20\ns 55 amd No. 13, 2011, s 20; No. 23, 2013, s 10; No. 38, 2014, s 2\ns 56 amd No. 40, 2010, s 118; No. 13, 2011, s 20; No. 23, 2013, s 10\ns 57 amd No. 13, 2011, s 20\ns 58 amd No. 13, 2011, s 20; No. 8, 2016, s 45\ns 59 amd No. 13, 2011, s 20\nss 64 – 65 amd No. 13, 2011, s 20\ns 66 amd No. 13, 2011, s 20; No. 23, 2013, s 10\ns 67 amd No. 13, 2011, s 20\nss 69 – 70 amd No. 13, 2011, s 20\ns 72 amd No. 13, 2011, s 20\ns 73 amd No. 18, 2010, s 41\ns 75 amd No. 18, 2010, s 42\ns 78 amd No. 7, 2007, s 16; No. 13, 2011, s 20\ns 79 amd No. 13, 2011, s 20\n\nHealth and Community Services Complaints Act 1998 63\ns 81 amd No. 13, 2011, s 20\ns 84 amd No. 13, 2011, s 20; No. 23, 2013, s 10\ns 85 amd No. 13, 2011, s 20\ns 87 amd No. 13, 2011, s 20; No. 7, 2011, s 140\ns 89 sub No. 18, 2010, s 43\namd No. 17, 2012, s 55\ns 91 amd No. 13, 2011, s 20; No. 23, 2013, s 10\ns 92 amd No. 40, 2010, s 118; No. 13, 2011, s 20; No. 23, 2013, s 10\nss 93 – 94 amd No. 13, 2011, s 20; No. 23, 2013, s 10\ns 95 amd No. 13, 2011, s 13\ns 97 amd No. 25, 2009, s 7; No. 13, 2011, s 14; No. 23, 2013, s 10\ns 99 amd No. 13, 2011, s 20; No. 23, 2013, s 10\ns 100 amd No. 23, 2013, s 10\ns 101 amd No. 13, 2011, s 20\ns 102 amd No. 13, 2011, s 15\ns 103 amd No. 17, 2001, s 21\nrep No. 13, 2011, s 16\ns 104 amd No. 13, 2011, s 20\ns 106 amd No. 13, 2011, s 20\npt 11 hdg ins No. 13, 2011, s 17\ndiv 1 hdg ins No. 13, 2011, s 17\ndiv 2 hdg ins No. 13, 2011, s 18\nss 108 – 110 ins No. 13, 2011, s 18\ndiv 3 hdg ins No. 32, 2025, s 80\ns 111 ins No. 32, 2025, s 80\nsch 1 amd No. 13, 2011, s 19","sortOrder":117}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original enactment in 1998 the Act has been amended repeatedly (notably by the 2011 package of amendments and later Acts) to integrate with national registration schemes and other oversight bodies, to expand investigatory and enforcement tools, and to formalise administrative obligations on providers. Key scope changes include: (a) closer institutional interaction with National Health Practitioner Boards and the Health Practitioner Regulation National Law (Part 8, s 89), (b) added referral pathways to and from other oversight offices (Information Commissioner, Ombudsman, Children’s Commissioner — ss 25A, 27(3)–(4), 48(1)(a)), (c) expanded investigatory powers and attendant procedural safeguards (ss 55–58, 62–64), and (d) added mandatory reporting/returns and internal complaints obligations for prescribed providers (ss 99–100). These changes broadened and operationalised the Commission’s regulatory footprint beyond a simple dispute‑resolution body into a more integrated oversight and information‑gathering regulator, increasing provider compliance obligations and the Commission’s role in systemic review and coordination."},"complexity_factors":["Extensive Act: 111 sections plus Schedule and multiple Parts, covering preliminaries, Commission structure, complaints, conciliation, investigations, Board relationships, Review Committee, offences and transitional arrangements","~24 significant defined terms in section 4 (e.g. provider, user, registered provider, relevant Board, community service, health service, special needs group) creating definitional complexity","Numerous cross-references to external legislation (Carers Recognition Act 2006, Information Act 2002, Ombudsman Act 2009, Health Practitioner Regulation National Law, Children’s Commissioner Act 2013, Public and Environmental Health Act 2011, Integrity and Ethics Commissioner Act 2025) requiring concurrent statutory reading","Multiple decision paths and conditional logic in assessment and referral (s 27: refer to conciliator, investigate, notify Board, take no further action; with additional referral routes in ss 27(3)–(4), 25A, 48(1)(a))","Nested exceptions and exclusions (time limits, prior judicial determination, concurrent civil proceedings: s 30; privilege and public interest exclusions: ss 18, 62–64, 67)","High degree of administrative discretion vested in the Commissioner (ss 12, 13, 27, 65) with delegated powers and ministerial/Administrator roles (ss 9–11, 15), increasing interpretive complexity","Detailed investigatory powers including compulsory notices, oath/statutory declaration powers, search warrants and seizure with procedural safeguards (ss 55–58, 56, 60–64)","Complex confidentiality and admissibility rules (conciliation privilege s 47; limits on use of investigation material ss 61, 97–98), with criminal penalties for breaches (ss 91–94, 97)","Procedural layers: conciliation (Part 6), investigation (Part 7), Board interaction and referrals (Part 8), and an independent Review Committee (Part 9), producing multi‑forum pathways","Transitional and amendment history with multiple inserted provisions (2011 amendments, 2013, 2014, 2016, 2025), including specific transitional rules (Part 11), complicating historical interpretation and application"],"plain_english_summary":"**What this law does (mechanically)**\n\n- Establishes a statutory complaints body called the Health and Community Services Complaints Commission (the Commission) and creates the office of the Commissioner for Health and Community Services Complaints (the Commissioner) (ss 7–9, sch 1).\n- Sets out who may complain and what may be complained about: users of health or community services, their representatives, providers, Ministers and others set out in section 22; complaints can allege unreasonable conduct in providing, withholding, restricting or disclosing services or records, failure to investigate complaints, or breaches of carer obligations (ss 22–23).\n- Prescribes a three-stage practical pathway for most matters: assessment (including preliminary inquiries) (Part 5, ss 26–31), voluntary conciliation with appointed conciliators and enforceable settlement agreements (Part 6, ss 35–44), and formal investigation with powers to obtain documents, compel attendance, take evidence and (with a warrant) enter premises and seize material (Part 7, ss 50–61, 58).\n- Requires notification to, and coordination with, professional registration boards (National Boards/relevant Boards) where a complaint involves a registered provider and enables referral in either direction (Part 8, ss 68–76). Where inconsistent with the Health Practitioner Regulation National Law, that National Law prevails (s 89).\n- Gives the Commissioner reporting powers and duties (annual and special reports) and the Minister power to refer matters (ss 19–21). The Commissioner must maintain a public Code of Health and Community Rights and Responsibilities and may publish reports (s 104, s 19(4)).\n- Imposes statutory procedural safeguards and limits: time bars and exclusions for matters already before courts/tribunals or older than two years (s 30); confidentiality and privilege rules for conciliation and investigations (Part 6, s 47; Part 7, ss 61–64); and protections for witnesses and claimants (ss 95–96).\n- Creates offences and penalties for obstruction, giving false or misleading information, intimidation and reprisals, and for unauthorised disclosure of confidential information. Some offences carry imprisonment (ss 91–94, 97). It also provides immunity and indemnity for the Commissioner and staff acting in good faith (s 17, s 96).\n- Requires prescribed providers to keep internal complaints procedures and to lodge annual returns about complaints, and enables the Commissioner to require information from providers (ss 99–100, s 55).\n\n**Who is affected**\n\n- Users of health services and community services (including aged care and disability services) and their authorised representatives (s 22).\n- All persons and bodies that provide, or hold themselves out as able to provide, health or community services in the Northern Territory — including volunteers and employers of providers (s 4 definition of \"provider\"). Some providers are separately regulated as registered providers under National Boards (s 4).\n- The Commissioner and Commission staff, conciliators, investigators, and appointed Committee members (Parts 3 and 9).\n- Relevant National Boards, Ministers, and other oversight offices (Information Commissioner, Ombudsman, Children’s Commissioner) that interact with or receive referrals from the Commission (see ss 25A, 27(3)–(4), 48(1)(a), Part 8).\n\n**Why it matters (official purpose and practical effects)**\n\n- Officially, the Act aims to create an independent, accessible system to resolve complaints between users and providers, promote users’ rights, encourage local resolution, and identify systemic improvements to services (s 3).\n\n- Practical effects and implementation mechanics:\n  - It channels many disputes into low-cost, non‑adversarial conciliation first, with the Commissioner able to order or facilitate formal investigation if conciliation fails (ss 27, 35–44, 48–65). That shifts many disputes away from courts and professional disciplinary boards, but does not prevent courts or boards from acting where statutory powers or other laws apply (s 30, Part 8).\n  - Providers must respond to Commission requests and notices, keep internal complaints systems and returns, and may have to implement Commissioner recommendations (ss 28, 66, 99–100). Those requirements impose administrative and compliance costs on providers.\n  - The Commissioner has broad discretion in assessment, referral, investigation and publication (ss 12, 27, 65, 19). That discretion concentrates decision-making in a single office and creates implementation risk where practices or thresholds are unclear.\n  - The Act establishes formal information‑gathering powers (including warrants and compulsory attendance) and criminal penalties for non‑cooperation, which increase the Commission’s investigatory capacity but also raise compliance and legal‑risk considerations for providers and third parties (ss 55–58, 91–94).\n  - Interaction rules with National Boards and other oversight agencies can produce duplication, overlap or transfer of responsibility; protocols are mandated to manage those interactions but they leave scope for negotiation and procedural complexity (Part 8, ss 68–76, 70).\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: the Commission is funded by the Territory (administrative costs); providers bear costs of responding to notices, operating internal complaints procedures and compiling returns; a relevant Board may be charged for special investigatory assistance (s 76(3)).\n- Who decides: the Commissioner holds primary operational authority (ss 8, 12, 13), with the Administrator and Minister involved in key appointments and some authorisations (ss 9–11, 18). Relevant Boards retain statutory disciplinary powers; the Health Practitioner Regulation National Law can override inconsistent provisions (s 89).\n- Behaviour changes the law creates:\n  - Providers are incentivised to maintain internal complaint systems and to cooperate promptly with Commission inquiries (ss 99–100, 28, 66).\n  - Parties are nudged toward voluntary conciliation and binding settlement rather than litigation (Part 6, s 43).\n  - The statutory framework deters intimidation or reprisals against complainants and witnesses through specific criminal offences (ss 93–94).\n\n**Trade-offs, costs and implementation risks (brief testing of the official rationale)**\n\n- Benefits claimed: independence, access and systemic improvement through consolidation of complaints, plus formal powers to investigate and recommend change (s 3; Parts 5–7). The Act provides clear procedural routes for complainants and a mechanism to escalate to Boards or other agencies.\n\n- Costs and incentives that follow from the mechanics:\n  - Administrative/compliance burden on providers (implementing procedures, lodging returns, responding to notices, possible forced changes after recommendations) (ss 28, 66, 99–100). Smaller or remote providers may face proportionally higher burdens.\n  - Concentration of discretion in the Commissioner raises operational risk: significant functions (assessment, referral, publication) rest on subjective judgments limited by statutory tests but with broad margins (ss 12, 27, 19(4)).\n  - Interaction with National Boards creates both substitution effects (moving matters from the Commission to professional regulation) and potential duplication or gaps if protocols and referral practices are not well coordinated (Part 8, ss 68–76, s 70).\n  - The Act’s investigatory powers (compulsory production, examination, search warrants) improve fact‑finding but raise privacy, legal costs and potential conflicts with other confidentiality duties; privilege and Supreme Court supervision are provided but add procedural layers (ss 55–58, 62–64).\n  - Protections for whistleblowers and immunity for good‑faith participants lower the risk of vexatious defamation suits (ss 95–96) but create a presumption of protection that complainants and witnesses can rely on.\n\n**Implementation and compliance note**\n\n- The effectiveness of the scheme depends on (a) clear administrative protocols with National Boards and other oversight bodies (s 70), (b) resourcing and staffing provided by the responsible agency (s 14), and (c) the Commissioner’s exercise of discretion within statutory limits and principles of procedural fairness (ss 13, 85). Regular statutory review of operations is required to identify any need for change (s 106).\n\n**Key statutory anchors to check when applying the Act**\n\n- Definitions in s 4 (who is a provider, who is a user); the Commissioner’s functions and independence (ss 12–13); assessment and referral options (s 27); mediation/conciliation confidentiality and enforceability (Part 6); investigation powers including warrants (ss 55–58); interaction with National Boards (Part 8, s 89); and offences, penalties and protections (Parts 7–10, ss 91–97)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3017},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"While the Act has been substantially amended since 1998 (particularly to integrate with the national health practitioner registration scheme and to add interfaces with the Ombudsman and Children's Commissioner), its core scope remains the resolution of complaints about health and community services. The amendments have deepened the regulatory machinery and inter-agency cooperation but have not shifted the legislation into new substantive areas beyond its original purpose."},"complexity_factors":["20+ defined terms in section 4, including complex nested definitions (e.g., 'disability', 'health service', 'provider')","11 Parts with multiple Divisions, creating a multi-layered structure (Preliminary, Commission, Complaints, Conciliation, Investigation, Board relationships, Review Committee)","Multiple conditional pathways for complaints: assessment triggers conciliation, investigation, referral to National Boards, or closure, each with specific thresholds","Extensive cross-referencing to external legislation (Health Practitioner Regulation National Law, Information Act, Ombudsman Act, Carers Recognition Act, Children's Commissioner Act)","Nested exceptions: for example, the 2-year limitation period (s 30(1)(c)) contains an exception for 'good reasons' (s 30(2)), and confidentiality provisions (s 97) contain multiple exceptions for necessary disclosures","Dual procedural frameworks: informal conciliation processes with strict confidentiality (s 47) operate alongside formal investigation powers resembling judicial processes (evidence on oath, search warrants, witness examination)","Complex interface with National Boards: mandatory notification, consultation protocols, and information sharing requirements (Part 8) create parallel regulatory obligations","Specific privilege rules: evidence from conciliation is inadmissible in court (s 47(4)), while investigation evidence has limited admissibility (s 61)"],"plain_english_summary":"The **Health and Community Services Complaints Act 1998** is a Northern Territory law that creates an independent system for handling complaints about health care and community services (such as aged care and disability support).\n\n### Who it affects\n*   **Users**: People receiving services—patients, aged care residents, people with disabilities, and their carers.\n*   **Providers**: Hospitals, clinics, doctors, nurses, aged care facilities, disability services, and their staff.\n*   **The Commissioner**: An independent officer who runs the complaints system.\n*   **Professional Boards**: National bodies that register health practitioners (like the Medical Board or Nursing and Midwifery Board).\n\n### What it does\n*   **Accepts complaints**: Users (or their representatives) can complain about unreasonable treatment, lack of care, privacy breaches, or poor complaint handling.\n*   **Assesses and directs**: The Commissioner decides within 60 days whether to:\n    *   **Conciliate**: Arrange a confidential, voluntary mediation to help the parties reach an agreement.\n    *   **Investigate**: Use formal powers to compel documents, witness statements, and entry to premises (with warrants) for serious matters or public interest issues.\n    *   **Refer**: Send complaints about registered health professionals (e.g., doctors) to their national registration boards, or refer other matters to the Ombudsman or Children's Commissioner.\n    *   **Take no action**: Close complaints that are frivolous, out of time (generally 2 years), or better handled elsewhere.\n*   **Protects participants**: It is a criminal offence to intimidate a complainant, take reprisals (such as sacking someone for complaining), or give false information. People who give honest information are immune from lawsuits.\n*   **Requires responses**: Providers must formally respond to complaints and, if asked, report on steps taken to fix problems.\n\n### Why it matters\nThe Act gives ordinary people a free, accessible way to challenge poor care without going to court. It forces providers to take complaints seriously and can lead to systemic improvements in health and community services. It also ensures that serious misconduct by registered health professionals is shared with the national boards that can discipline or deregister them."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/health-and-community-services-complaints-act-1998","history":"/api/acts/health-and-community-services-complaints-act-1998/history","analysis":"/api/acts/health-and-community-services-complaints-act-1998/analysis","conflicts":"/api/acts/health-and-community-services-complaints-act-1998/conflicts","importantCases":"/api/acts/health-and-community-services-complaints-act-1998/important-cases","documents":"/api/acts/health-and-community-services-complaints-act-1998/documents"}}