Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Health and Community Services Complaints Act 2004. 3—Objects The objects of this Act are— (a) to improve the quality and safety of health and community services in South Australia through the provision of a fair and independent means for the assessment, conciliation, investigation and resolution of complaints; and (b) to provide effective alternative dispute resolution mechanisms for consumers and providers of health or community services to resolve complaints; and (c) to promote the development and application of principles and practices of the highest standard in the handling of complaints concerning health or community services; and (d) to provide a scheme that can be used to monitor trends in complaints concerning health or community services; and (e) to identify, investigate and report on systemic issues concerning the delivery of health or community services. 4—Interpretation (1) In this Act, unless the contrary intention appears— carer means a person who is a carer for the purposes of the Carers Recognition Act 2005; Charter means the Health and Community Services Rights Charter under Part 3; Commissioner means the Health and Community Services Complaints Commissioner appointed under Part 2 (and includes a person acting in that office from time to time); community service means— (a) a service for the relief of poverty, social disadvantage, social distress or hardship; or (b) a service for the provision of emergency relief or support; or (c) a service for the care or protection of any child who is, or has been or may be, at risk (within the meaning of the Children and Young People (Safety) Act 2016) and includes— (i) any service that relates to a notification that a child is, or may be, at risk; and (ii) any investigation of a case where a child is, or may be, at risk, and any subsequent action taken by a service provider arising from such an investigation; or (d) a service for the social advancement of disadvantaged groups; or (e) a service of a class included within the ambit of this definition by the regulations; or (f) an administration service directly related to a service referred to in a preceding paragraph, but does not include— (g) a service that provides employment search or placement services, or that provides employment related training or retraining; or (h) a service of a class excluded from the ambit of this definition by the regulations; Examples— The following are examples of community services: · a service that provides community support or care; · a service for the provision of emergency accommodation or relief (including by the provision of emergency financial support), or for the provision of accommodation or support to the socially disadvantaged; · a counselling, advice or community information or awareness service; · a community advocacy, self-help or mutual aid service. community service consumer means a person who uses or receives, or who is seeking to use or receive, a community service; community service provider means a person, government agency or body of persons (whether corporate or unincorporated) who or which— (a) provides a community service; or (b) holds himself, herself or itself out as being able to provide a community service; complainant means a person who makes a complaint and includes a person on whose behalf a complaint is made; complaint means a complaint under this Act; conciliator means a conciliator appointed under this Act; confidential information includes— (a) information about the identity, occupation or whereabouts of a complainant, health or community service consumer or health or community service provider involved in a complaint, investigation or inquiry under this Act; (b) information disclosed by a complainant, health or community service consumer or health or community service provider for the purposes of any complaint, investigation or inquiry under this Act; (c) personal information about a complainant, health or community service consumer or health or community service provider under this Act; (d) information the release of which would cause personal distress to a person; (e) information provided on a confidential basis or otherwise affected by a requirement as to confidentiality; corresponding law means a law, or part of a law, of a State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Act; Department means the department of the Minister to whom the administration of this Act has been committed; government agency means— (a) a department or administrative unit of the Public Service; or (b) any other agency or instrumentality of the Crown; or (c) a local government council; health professional means— (a) a registered service provider; or (b) an audiologist, audiometrist, optical dispenser, dietitian, prosthetist, psychotherapist, radiographer, therapeutic counsellor, social worker or provider of forensic or pathology services; or (c) any other person who has an occupation that is based on providing health care or treatment to others; or (d) a person who is training to become a person engaged in an occupation referred to in a preceding paragraph and who, as part of that training, is engaged in the provision of health care or treatment to others, but does not include a person whose occupation is excluded from the ambit of this definition by the regulations; health service means— (a) a service designed to benefit or promote human health; or (b) a service provided in association with the use of premises for the care, treatment or accommodation of persons who are aged or who have a physical disability or mental dysfunction; or (c) a diagnostic or screening service; or (d) an ambulance service; or (e) a service to treat or prevent illness, injury, disease or disability; or (f) a service provided by a health professional; or (g) a service involving the provision of information relating to the promotion or provision of health care or health education; or (h) a service of a class included within the ambit of this definition by the regulations; or (i) a social, welfare, recreational or leisure service if provided as part of a service referred to in a preceding paragraph; or (j) an administration service directly related to a service referred to in a preceding paragraph, but does not include— (k) the process of writing, or the content of, a health status report; (l) a service of a class excluded from the ambit of this definition by the regulations; Examples— The following are examples of health services: · a service provided at a hospital, health institution or aged care facility; · a medical, dental, pharmaceutical, mental health, community health or environmental health service; · a laboratory service; · a laundry, dry cleaning, catering or other support service provided in a hospital, health institution or aged care facility. health service consumer means a person who uses or receives, or who is seeking to use or receive, a health service; health service provider means a person, government agency or body of persons (whether corporate or unincorporated) who or which— (a) provides a health service; or (b) holds himself, herself or itself out as being able to provide a health service; health status report means a report prepared by a person, agency or body on the physical, mental or emotional health of a person where the purpose for preparing the report is not for the purpose of providing a health service within the meaning of paragraphs (a) to (j) (inclusive) of the definition of health service; local government council means— (a) a council under the Local Government Act 1999; or (b) a body established by a council under the Local Government Act 1999; or (c) a body that is pursuant to an Act vested with the powers and functions of a council under the Local Government Act 1999; nationally registered health practitioner means a registered health practitioner under the Health Practitioner Regulation National Law and includes a person who was, but is no longer, registered in a health profession under that law (or a previous corresponding Act of the State); power of attorney includes a medical power of attorney; professional mentor means a professional mentor appointed under Part 2; register means register, license, approve, admit, certify (including by way of practising certificate) or authorise in any other manner pursuant to an Act (including pursuant to the Health Practitioner Regulation National Law (South Australia)) a person to provide a health or community service or to practise as a health or community service provider; registered service provider means a health or community service provider registered by a registration authority; registration authority means— (a) the body with the function, under a registration law, of determining an application for registration under that law and includes a body vested with disciplinary powers under a registration law; or (b) any other body brought within the ambit of this definition by the regulations; registration law means— (a) the Health Practitioner Regulation National Law; or (b) the Health Practitioner Regulation National Law (South Australia) Act 2010; or (d) an Act brought within the ambit of this definition by the regulations; relevant registration authority in relation to a person, means a registration authority that has registered that person; State Ombudsman means the Ombudsman under the Ombudsman Act 1972; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; volunteer means a person who receives no remuneration for acting in a particular capacity (being a capacity associated with the provision of a health or community service). (2) A registration authority will not be taken to be a health or community service provider for the purposes of this Act.