Div 2Functions and powers

Division 2—Functions and powers 9—Functions (1) The Commissioner has the following functions: (a) to prepare and regularly review the Charter of Health and Community Services Rights under Part 3; and (b) to identify and review issues arising out of complaints and to make recommendations for improving health and community services and preserving and increasing the rights of people who use those services; and (c) to review and identify the causes of complaints and to— (i) recommend ways to remove, resolve or minimise those causes; and (ii) detect and review trends in the delivery of health or community services; and (d) to provide information, education and advice in relation to— (i) the Charter; and (ii) health and community service rights and responsibilities; and (iii) procedures for resolving complaints; and (iv) other matters (if any) determined to be appropriate by the Commissioner; and (e) to receive, assess and resolve complaints; and (f) to encourage and assist health and community service consumers to resolve complaints directly with health and community service providers; and (g) to assist health and community service providers to develop or improve procedures to resolve complaints; and (h) to inquire into and report on any matter relating to health or community services on the Commissioner's own motion or at the request of the Minister; and (i) to advise, and report to, the Minister on any matter relating to health or community services or the administration or operation of this Act; and (j) to provide information, advice and reports to registration authorities and to work with registration authorities to develop or improve procedures relating to the assessment and investigation of complaints and grievances; and (k) to maintain links with— (i) health and community service providers; and (ii) organisations that have an interest in the provision of health or community services; and (iii) organisations that represent the interests of the consumers of health or community services; and (l) to consult and cooperate with other agencies and authorities that are involved in protecting the interests and rights of members of the community in the area of the provision of health or community services, including— (i) the State Ombudsman; and (ii) the Australian Human Rights Commission; and (m) to perform other functions conferred on the Commissioner by or under this or any other Act. (2) The Commissioner must, in providing information and advice, and in the assessment and consideration of any complaint, take into account, to such extent as may be appropriate, the position of persons within priority consumer groups. (3) For the purposes of subsection (2), priority consumer groups are particular classes of persons who, because of the nature of the classes to which they belong, may suffer disadvantage in the provision of services unless their needs are recognised. (4) The Commissioner must, in acting under this Act, give particular attention to the position of volunteers and to their value in providing health and community services within the community and should not unnecessarily involve them in any proceedings under this Act. 10—Powers The Commissioner has the powers necessary or expedient for, or incidental to, the performance of the Commissioner's functions. 11—Independence (1) In performing and exercising his or her functions and powers under this Act, the Commissioner must act independently, impartially and in the public interest. (2) The Minister cannot control how the Commissioner is to exercise the Commissioner's statutory functions and powers1. Note—