Part 9Miscellaneous

Part 9—Miscellaneous 72—Delegation (1) The Minister or the Commissioner may delegate a power or function vested in or conferred on the Minister or the Commissioner (as the case may be) under this Act— (a) to a particular person or body; or (b) to the person for the time being occupying a particular office or position. (2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (3) A delegation— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act in a matter; and (c) is revocable at will by the delegator. (4) In any legal proceedings an apparently genuine certificate, purportedly signed by the Minister or the Commissioner, containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars. 73—Adverse comments in reports (1) The Commissioner must not include in a report under this Act a comment adverse to a person or body identifiable from the report except where the person or body has been given a reasonable opportunity— (a) to make a submission to the Commissioner in relation to the proposed comment; and (b) to provide to the Commissioner a written statement in relation to it. (2) If a person or body referred to in subsection (1) so requests, the Commissioner must include in the report the statement given under subsection (1)(b) or a fair summary of it. (3) The Commissioner is not required to provide to a person or body the opportunity referred to in subsection (1) if the Commissioner believes, on reasonable grounds, that awareness of the proposed comment by any person would directly or indirectly— (a) put at risk the health or safety of a person; or (b) result in a person receiving a health or community service of a lower standard than would otherwise have been provided; or (c) prejudice the fair assessment of a complaint or an investigation under this Act. 74—Protection of identity of service consumer or complainant from service provider Despite any other provision of this Act, the Commissioner may determine not to disclose to a health or community service provider information that would enable a health or community service consumer or a complainant to be identified if— (a) the Commissioner believes, on reasonable grounds, that the disclosure would, directly or indirectly— (i) put at risk the health or safety of a person; or (ii) result in a person receiving a health or community service of a lower standard than would otherwise have been provided; or (iii) prejudice the fair assessment of a complaint or an investigation under this Act; or (b) in the Commissioner's opinion— (i) the complaint— (A) raises a significant issue of public safety, public interest or public importance; or (B) raises a significant question as to the practice of a health or community service provider; and (ii) non‑disclosure is in the public interest. 75—Preservation of confidentiality (1) A person must not record, disclose or use confidential information gained by the person through involvement in the administration of this Act, unless the person does so— (a) when necessary for the purposes of this Act; or (b) when expressly authorised or required under this or another Act; or (ba) when necessary for the purposes of a corresponding law; or (c) when expressly authorised, in writing, by the person to whom it relates; or (d) when required to do so by a court or tribunal constituted by law; or (e) when expressly authorised or required under the regulations. (2) For the purposes of this section, the following persons are involved in the administration of this Act: (a) the Commissioner; (b) a conciliator; (c) a professional mentor; (d) another staff member; (f) a member of a committee established under this Act. (3) This section does not apply to the recording, disclosure or use of statistical or other information that could not reasonably be expected to lead to the identification of a person. 76—Returns by prescribed providers (1) A designated health or community service provider must, from time to time as determined by the Commissioner, lodge with the Commissioner a return that sets out the prescribed particulars concerning— (a) prescribed classes of complaints received by the health or community service provider during a period determined by the Commissioner relating to— (i) matters of public safety, interest or importance; and (ii) matters arising under the Charter; and (b) action taken during that period in response to, or as a result of the receipt of, those complaints, or similar complaints received during a preceding period. (2) A return under subsection (1) must be in a form determined by the Commissioner after taking into account what can be done to assist with ease of collection of information and administrative efficiencies (and different forms of return can be developed for different classes of service providers). (3) The Commissioner must (to such extent as the Commissioner thinks fit) consult with relevant persons or bodies that represent the interests of health or community service providers or consumers about— (a) the health and community service providers to whom this section should apply; and (b) the form of any return under this section; and (c) protocols and principles that should apply in relation to the operation of this section. (3a) The Commissioner may publish any return received under this section, or a summary of information contained in such a return, in such manner as the Commissioner thinks fit. (4) In this section— designated health or community service provider means a health or community service provider, or a health or community service provider of a class, designated by the regulations for the purposes of this section. 77—Returns by registration authorities and prescribed bodies (1) A body to which this section applies must, from time to time as determined by the Commissioner, lodge with the Commissioner a return that sets out the prescribed particulars concerning— (a) specified classes of complaints received by the body during a period determined by the Commissioner; and (b) action taken during that period in response to, or as a result of the receipt of, those complaints, or similar complaints received during a preceding period. (2) A return under subsection (1) must be in a form determined by the Commissioner after taking into account what can be done to assist with ease of collection of information and administrative efficiencies. (3) The Commissioner must (to such extent as the Commissioner thinks fit) consult with bodies to which this section applies about— (a) the form of any return under this section; and (b) protocols and principles that should apply in relation to the operation of this section. (4) The Commissioner may publish any return received under this section, or a summary of information contained in such a return, in such manner as the Commissioner thinks fit. (5) This section applies to the following bodies: (a) a registration authority; (b) a body prescribed by the regulations for the purposes of this section. 78—Offence relating to intimidation A person must not persuade or attempt to persuade by threat or intimidation another person— (a) to refrain from making a complaint under this Act; or (b) to withdraw a complaint under this Act; or (c) to fail to co-operate with the Commissioner or another person who is performing or exercising a function or power under this Act; or (d) to fail to provide information or a document to the Commissioner or any other person who is performing or exercising a function or power under this Act; or (e) to provide information or a document that is false or misleading in a material particular, or to provide information or a document in a manner that will make the information or document false or misleading in a material particular, to the Commissioner or another person performing or exercising a function or power under this Act. 79—Offence relating to reprisals (1) A person must not treat another person unfavourably on the ground that a person— (a) has made a complaint under this Act; or (b) has co-operated with the Commissioner or any other person who performs or exercises a function or power under this Act; or (c) has provided information or documents to the Commissioner or any other person who performs or exercises a function or power under this Act, or on the ground that he or she knows that a person intends to do any of these things, or suspects that a person has done, or intends to do, any of these things. (2) It is sufficient for a contravention of subsection (1) if the ground specified in subsection (1) is a significant factor in inducing the person to take the particular action against the other person. (3) Unfavourable treatment on the ground that a person— (a) has made a false allegation; or (b) has not acted in good faith, does not constitute a contravention of subsection (1). 80—Offences relating to obstruction etc A person must not, without reasonable excuse, obstruct, hinder, resist or improperly influence, or attempt to obstruct, hinder, resist or improperly influence, the Commissioner or any other person in the performance or exercise of a function or power under this Act. 81—Offences relating to the provision of information A person must not— (a) provide to the Commissioner or any other person who is performing or exercising a function or power under this Act information that the person knows is false or misleading in a material particular; or (b) refuse or fail to include in information provided to a person who is performing or exercising a function or power under this Act other information without which the information provided is, to the knowledge of the person, false or misleading in a material particular. 82—Protection of certain information Nothing in this Act requires the production or provision of information held under Part 7 or 8 of the Health Care Act 2008. 83—Protection from civil actions (1) A person is not liable in respect of loss, damage or injury of any kind suffered by another person as a result of any of the following done in good faith: (a) the making of a complaint; (b) the making of a statement, the provision of any information whether by answering a question or otherwise or the provision of any document for the purposes of this Act to the Commissioner, a conciliator or another person authorised to receive the statement, information or document; (c) the making of a report under this Act; (d) the provision of a copy of a report to a person to whom it may be provided under this Act; (e) the doing, or omission, of anything in the performance or exercise of a function or power under this Act. (2) A person who does anything in accordance with this Act, or as required by or under this Act, cannot, by so doing, be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct. 84—Informality of procedures (1) In performing functions and exercising powers under this Act, the Commissioner must have regard to the rules of natural justice. (2) Subject to subsection (1), the Commissioner— (a) must proceed with as little formality and technicality and with as much expedition as the requirements of this or any other Act and a proper consideration of the matter permit; and (b) is not bound by rules of evidence but may inform himself or herself of any matter in any manner that he or she considers appropriate. 85—Determining reasonableness of health or community service provider's actions (1) In determining whether a health or community service provider has acted reasonably, the Commissioner must have regard to— (a) the Charter; and (b) the principles specified in section 22; and (c) the generally accepted standard of health or community service delivery expected of a provider of that kind, and may have regard to any other matter or information the Commissioner considers relevant. (2) The Commissioner must, in making a decision on a complaint under this Act, take into account the level of resources reasonably available to the health or community service provider. 86—Interaction with Ombudsman Act 1972 Despite any other provision of this Act or the Ombudsman Act 1972— (a) a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 14 of that Act on the basis that the relevant House of Parliament or committee considers that the matter involves a significant issue of public safety, interest or importance; and (b) a matter that may be (or has been) the subject of a complaint under this Act, being an administrative act of an agency to which that Act applies, may be referred to the State Ombudsman under section 15(3) of that Act and the State Ombudsman may proceed to deal with the matter if the State Ombudsman considers that the matter may involve a significant issue of public safety, interest or importance; and (c) the State Ombudsman may conduct an investigation of an act of the Commissioner under that Act even if the matter involves a health or community service provider that is not an agency to which that Act applies (and may, in conducting the investigation, look at the substance of the original complaint, and consider or review any other matter that may be relevant to the investigation, even if the subject matter of the original complaint did not involve an administrative act within the meaning of that Act but may not make a determination or recommendation concerning the substance of the original complaint to the extent that that matter did not involve an administrative act of an agency to which that Act applies except to set aside (if the State Ombudsman thinks fit) a determination or recommendation of the Commissioner at the first instance). 86A—Assistance to other agencies Without limiting any other provision, the Commissioner may assist, and provide information to, a person concerned in the administration or enforcement of a law of the State, or a law of the Commonwealth or another State or a Territory of the Commonwealth, for purposes related to the administration or operation of that other law. 87—Regulations (1) The Governor may make regulations as contemplated by this Act, or as necessary or expedient for the purposes of this Act. (2) The regulations may— (a) provide for the form and service of documents under this Act; and (b) prescribe a fee (which may be a differential fee) payable by registered service providers in connection with the payment of a fee under a registration Act, and provide for the collection of the fee by a registration authority and payment to a prescribed authority of the amount so collected in accordance with a scheme specified by the regulations or determined by the Minister; and (c) prescribe a scheme under which a registration authority will, in a particular financial year, pay to the Minister an amount, determined under the scheme, towards costs associated with the administration of this Act; and (d) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (e) be of general or limited application; and (f) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (g) provide that a specified provision of this Act does not apply, or applies with prescribed variations, in any circumstance or situation (or circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and (h) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Commissioner or another prescribed authority; and (i) impose penalties, not exceeding $5 000, for a contravention of, or failure to comply with, a regulation. (3) If a registration authority is liable to pay an amount under a scheme prescribed under subsection (2)(c) with respect to a particular financial year, then the service providers registered by the relevant registration authority will not be liable for any fee prescribed under subsection (2)(b) that is payable with respect to the same financial year. (4) Nothing in subsection (2) or (3) limits or affects any other power or authority to set or collect any other fee under any other Act. 88—Review of Act (1) The Minister must, as soon as practicable after the third anniversary of the commencement of this Act, appoint a person to prepare a report on— (a) the operation of this Act over its first 3 years and the extent to which the objects of this Act have been attained; and (b) other matters determined by the Minister to be relevant to a review of this Act. (2) The person must report to the Minister within 6 months after his or her appointment. (3) The Minister must, within 12 sitting days after receiving the report under this section, have copies of the report laid before both Houses of Parliament. 89—Transitional provisions (1) A complaint may be made and dealt with under this Act even though the circumstances that give rise to the complaint occurred before the commencement of this Act if the complainant became aware of those circumstances not earlier than 2 years before the commencement of this Act. (2) The State Ombudsman may, if the State Ombudsman thinks fit and with the agreement of the Commissioner, transfer to the Commissioner the conduct of an investigation of a complaint made to the State Ombudsman before the commencement of this Act. (3) The Commissioner may adopt any findings or determinations of the State Ombudsman that may be relevant to an investigation transferred under subsection (2). (4) The consent of the complainant is not required before an investigation may be transferred to the Commissioner under subsection (2). (5) The regulations may make other provisions of a saving or transitional nature. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Health and Community Services Complaints Act 2004 8.7.2004 31.3.2005 (Gazette 31.3.2005 p742) except ss 4 & 16 and Pts 3—9—3.10.2005 (Gazette 22.9.2005 p3385) and except s 4(1) definition of community service para (c)—8.7.2006 (s 7(5) Acts Interpretation Act 1915) Health Care Act 2008 13.3.2008 Sch 4 (cl 10)—1.7.2008 (Gazette 26.6.2008 p2563) Children's Protection (Implementation of Report Recommendations) Amendment Act 2009 10.12.2009 Sch 1 (cll 1 & 2)—31.12.2009 (Gazette 17.12.2009 p6349) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 74 (ss 174 & 175)—1.2.2010 (Gazette 28.1.2010 p320) Health Practitioner Regulation National Law (South Australia) Act 2010 Sch 1 (cll 10—16)—1.7.2010 (Gazette 1.7.2010 p3338) Health and Community Services Complaints (Miscellaneous) Amendment Act 2011 17.3.2011 19.5.2011 except s 6—1.7.2011 (Gazette 19.5.2011 p1508) and except s 10—14.3.2013 (Gazette 14.2.2013 p392) Advance Care Directives Act 2013 18.4.2013 Sch 1 (cl 30)—1.7.2014 (Gazette 6.2.2014 p546) Health Practitioner Regulation National Law (South Australia) (Restricted Birthing Practices) Amendment Act 2013 21.11.2013 Sch 1 (cl 1)—1.2.2014 (Gazette 23.1.2014 p344) Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015 18.6.2015 Pt 18 (ss 90—93)—1.7.2015 (Gazette 25.6.2015 p3076) Health and Community Services Complaints (Budget Report) Amendment Act 2016 Children and Young People (Oversight and Advocacy Bodies) Act 2016 27.10.2016 Sch 1 (cll 6—8)—18.12.2017 (Gazette 5.12.2017 p4840) Health and Community Services Complaints (Miscellaneous) Amendment Act 2018 6.12.2018 18.3.2019 (Gazette 14.3.2019 p846) Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 14 (ss 96 to 99)—2.12.2019 (Gazette 21.11.2019 p3928) Children and Young People (Oversight and Advocacy Bodies) (Commissioner for Aboriginal Children and Young People) Amendment Act 2021 30.9.2021 Sch 1 (cl 3)—21.10.2021 (Gazette 21.10.2021 p3788) Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 25 & 26)—uncommenced Statutes Amendment (Health and Wellbeing) Act 2025 Pt 9 (ss 23 to 25)—4.12.2025: s 2(1) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 37/2018 s 4 Pt 1