5Reasonableness of provider's actions

5 Reasonableness of provider's actions (1) In determining whether or not a provider has acted reasonably in providing a health service or community service, the Commissioner must have regard to the following: (a) the Code; (b) until the Code is approved – the charter or the principles set out in the Regulations, or both; (c) after the Code is approved – the charter and the principles set out in the Regulations that are not dealt with by the Code; (d) the generally accepted standard of health service or community service delivery expected of a provider of that kind; (e) the Carers Charter; (f) another matter or information the Commissioner considers relevant. (2) In addition, in respect of a community service that is a service for people with a disability, the Commissioner may have regard to any or all of the following: (a) the principles set out in Schedule 2 to the Disability Services Act 1993; (b) the objectives to be complied with in relation to the design and implementation of programs and services relating to people with disabilities set out in Schedule 3 to that Act; (c) any standards of service for people with a disability that are specified in any law in force in the Territory. (3) In addition, in respect of a community service that is a service for aged people, the Commissioner may have regard to either or both of the following: (a) the Home and Community Care National Standards (known as the HACC Standards); (b) any standards of service for aged people that are specified in any law in force in the Territory.

Health and Community Services Complaints Act 1998 6