23Basis of complaint

23 Basis of complaint (1) A complaint may be made in respect of one or more of the following: (a) that a provider acted unreasonably by not providing a health (b) that the provision of a health service or community service or a part of a health service or community service was not necessary; (c) that a provider acted unreasonably in providing a health (d) that a provider acted unreasonably in the manner of providing a health service or community service; (e) that a provider acted unreasonably by denying or restricting a user access to his or her records that were in the provider's possession; (f) that a provider acted unreasonably by not making available to a user information about the user's condition that the provider was able to make available; (g) that a provider acted unreasonably in disclosing information in relation to a user; (h) that a provider or manager acted unreasonably in respect of a complaint made by a user about the provider's action that is of a kind mentioned in this section by: (i) not taking, or causing to be taken, proper action in relation to the complaint; or (ii) not properly investigating the complaint or causing it to be properly investigated; (j) that a provider acted in disregard of, or in a manner inconsistent with, any of the matters that the Commissioner may have regard under section 5 in determining whether or not a provider has acted reasonably in providing a health

Health and Community Services Complaints Act 1998 15 (k) that an applicable organisation failed to comply with the Carers Charter. (2) A reference in subsection (1)(c) to a provider acting unreasonably in providing a health service or community service includes the provider failing to do any of the following: (a) to exercise due care and skill; (b) to treat a user in an appropriate professional manner that took into account the user's needs, wishes and background; (c) to respect a user's privacy or dignity; (d) to provide a user with information on treatment or health services available, in language and terms that the user understands, sufficient to enable the user to make an informed decision; (e) to provide a user with a reasonable opportunity to make an informed choice of the treatment or services available; (f) to provide a user with adequate information on the availability of further advice on his or her condition or of relevant education programs; (g) to provide a user with adequate information on the treatment or services received; (h) to provide a user with a prognosis that it would have been reasonable for him or her to be provided with. (3) In subsection (1)(h): manager means a person who manages or is the chief executive officer (however described) of: (a) a body by which or an institution in which a health service or community service is rendered or provided; or (b) a prescribed body or institution or a body or institution of a prescribed class that provides a health service or community service.