Part 3Charter of Health and Community Services Rights

Part 3—Charter of Health and Community Services Rights 19—Development of Charter (1) The Commissioner must develop a draft Charter of Health and Community Services Rights. (2) The draft must be presented to the Minister within 12 months after the commencement of this Part or within such longer period as the Minister may allow. (3) The Commissioner must report to the Minister on the development of the draft at intervals of not more than 4 months until the draft is presented to the Minister under subsection (2). 20—Review of Charter The Commissioner— (a) may at any time review the Charter; and (b) if the Minister so directs, must review the Charter. 21—Consultation In developing or reviewing the Charter, the Commissioner must invite submissions from, and consult with, to such extent as may be reasonable, interested persons with a view to obtaining a wide range of views in relation to the matters under consideration. 22—Content of Charter In developing or reviewing the Charter, the Commissioner may have regard to any matter considered relevant to the provision or use of health or community services and must have regard to the following principles: (a) that a person should be entitled to participate effectively in decisions about his or her health, well-being and welfare; (b) that a person should be entitled to take an active role in his or her health care and in decisions about the provision of health or community services to the person; (c) that a person should be entitled to be provided with appropriate health or community services in a considerate way that takes into account his or her background and any requirements that are reasonably necessary to ensure that he or she receives such services; (d) that both professional and non-professional providers of health and community services should be given consideration and recognition for their contribution to health care and the well-being and welfare of individuals; (e) that a person should be entitled to obtain reasonable access to records concerning his or her health or other personal information relating to the person (taking into account what is appropriate and reasonable in the circumstances of a particular case), but that otherwise the confidentiality of such information should be maintained; (f) that a person should be entitled to have access to procedures for dealing with complaints about the provision of health or community services; (g) that a person should be entitled to be supported by a person of his or her choice when making a complaint about the provision of health or community services. 23—Approval of Charter (1) The Minister may, on the receipt of a draft Charter or a variation of the Charter from the Commissioner— (a) approve the Charter or the variation; or (b) require an alteration to the Charter or the variation, after consultation with the Commissioner, and then approve the Charter or variation as altered. (2) The Minister must then cause a copy of the Charter or variation (as the case may be) to be laid before both Houses of Parliament. (3) The Charter or the variation will not come into operation— (a) until 14 sitting days of each House of Parliament have elapsed after a copy of the Charter or the variation is laid before each House; and (b) if, within those 14 sitting days, a motion for disallowance or amendment of the Charter or the variation is moved in either House, unless or until— (i) in the case of a motion for disallowance—the motion is defeated or withdrawn, or lapses; (ii) in the case of a motion for amendment—the amendment is made in accordance with subsection (4) or the motion is defeated or withdrawn, or lapses. (4) If a motion for amendment is moved under subsection (3)(b), the Minister may withdraw the Charter or the variation, make the relevant amendment, and then lay the amended Charter or variation before both Houses of Parliament.