NORTHERN TERRITORY OF AUSTRALIA
HEALTH AND COMMUNITY SERVICES COMPLAINTS
REGULATIONS 1998
As in force at 1 May 2016
Table of provisions
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
4 Prescribed health services............................................................... 1
5 Prescribed services for aged people ............................................... 1
6 Prescribed services for people with disabilities................................ 2
7 Principles of health and community rights and responsibilities ........ 2
8 Statement by professional mentor or expert .................................... 2
9 Search warrant ................................................................................ 2
10 Prescribed providers ........................................................................ 2
11 Internal complaint procedures ......................................................... 2
Schedule 2 Health services
Schedule 3 Principles of health and community rights
and responsibilities
Schedule 4
Schedule 5
Schedule 6
Schedule 7 Prescribed providers
Schedule 8 Internal complaints procedures
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 May 2016
HEALTH AND COMMUNITY SERVICES COMPLAINTS
REGULATIONS 1998
Regulations under the Health and Community Services Complaints
Act 1998
1 Citation
These Regulations may be cited as the Health and Community
Services Complaints Regulations 1998.
2 Definitions
In these Regulations, unless the contrary intention appears:
confidential information has the meaning it has in section 97(5) of
the Act.
health status report means a report prepared by a provider on the
physical, mental or emotional health of a person or on the disability
of the person for a purpose other than the benefit of the health of
the person.
Northern Territory Health Services means the Territory through
the Agency allotted responsibility for the administration of the Public
and Environmental Health Act 2011.
4 Prescribed health services
(1) A service specified in Part 1 of Schedule 2 is a health service for
the purposes of the definition of health service in section 4(1) of
the Act.
(2) A service specified in Part 2 of Schedule 2 is not a health service
for the purposes of the definition of health service in section 4(1) of
the Act.
5 Prescribed services for aged people
A service specified in Part 3 of Schedule 2 is a service for aged
people for the purposes of the definition of services for aged
persons in section 4(1) of the Act.
Health and Community Services Complaints Regulations 1998 2
6 Prescribed services for people with disabilities
A service specified in Part 4 of Schedule 2 is a service for people
with a disability for the purposes of the definition of services for
persons with a disability in section 4(1) of the Act.
7 Principles of health and community rights and responsibilities
A reference in the Act to the principles set out or specified in the
Regulations is a reference to the principles specified in Schedule 3.
8 Statement by professional mentor or expert
The form in Schedule 4 is the prescribed form for the purposes of
sections 45(5), 51(7) and 52(3) of the Act.
9 Search warrant
(1) An information for the purposes of section 58 of the Act may be in
the form specified in Schedule 5.
(2) The form in Schedule 6 is the prescribed form for the purposes of
section 58 the Act.
10 Prescribed providers
The providers specified in Schedule 7 are prescribed providers for
the purposes of sections 99 and 100 of the Act.
11 Internal complaint procedures
The procedures set out in Schedule 8 are the internal complaints
procedures for the purposes of section 100 of the Act.
Schedule 2 Health services
Health and Community Services Complaints Regulations 1998 3
Schedule 2 Health services
regulations 4, 5 and 6
Part 1 Services that are prescribed health services
A service provided at a hospital, health institution or nursing home.
All medical services, nursing services, dental services,
pharmaceutical services, paramedical services, mental health
services, allied health services, community health services,
environmental health services, specialised health services and
alcohol and other drug services and a service related to those
services.
An examination for the purposes of preparing a health status report,
including referring to any notes of the examination on which the
report is based.
A laboratory service provided in support of a health service.
A laundry service, dry cleaning service, catering service or other
support service provided to a hospital, health institution, nursing
home, if the service affects the care or treatment of a patient or
resident.
A social work service, welfare service, recreational service or
leisure service, if provided as part of a health service.
An ambulance service.
Any other service provided by a registered provider for, or
purportedly for, the care or treatment of a person.
A service provided by:
(a) an audiologist, audiometrist or optical dispenser;
(b) a child guidance therapist, dietician, speech pathologist,
prosthetist, psychotherapist or therapeutic counsellor.
A service of a professional or technical nature provided for, or
purportedly for, the care or treatment of a person or in support of a
health service.
A service provided by a practitioner of therapeutic massage,
naturopathy or acupuncture or in another natural or alternative
health care or diagnostic field.
Schedule 2 Health services
Health and Community Services Complaints Regulations 1998 4
12. The provision of information relating to the promotion or provision of
health care or health education.
Part 2 Services that are not prescribed health
services
The process of writing, or the content of, a health status report.
Part 3 Services that are prescribed services for aged
people
A service that provides one or more of the following kinds of
support specifically for aged people or their carers:
Home help, personal care, home maintenance or modification, food
services, respite care, transport, assessment or referral of support
needs, education, training and skill development, information
services, co-ordination, case management and brokerage,
recreation, advocacy, provision of equipment.
Services provided in association with the use of premises for the
care, treatment and accommodation of aged people.
Services under the Home and Community Care Program
established under clause 5 of the agreement between the
Commonwealth and the Territory set out in the Schedule to the
Home and Community Care Act 1985 of the Commonwealth or an
aged care program conducted by or on behalf of the Territory.
Part 4 Services that are prescribed services for
people with disabilities
A service that provides one or more of the following kinds of
support specifically for people with disabilities or their carers:
Home help, personal care, home maintenance or modification, food
services, respite care, transport, assessment or referral of support
needs, education, training and skill development, information
services, co-ordination, case management and brokerage,
recreation, advocacy, community access, accommodation support,
rehabilitation, employment services, provision of equipment.
Services provided in association with the use of premises for the
care, treatment and accommodation of people with disabilities.
Schedule 2 Health services
Health and Community Services Complaints Regulations 1998 5
3. Services purchased through the Home and Community Care
Program established under clause 5 of the agreement between the
Commonwealth and the Territory set out in the Schedule to the
Home and Community Care Act 1985 of the Commonwealth or a
disability program conducted by or on behalf of the Territory.
Schedule 3 Principles of health and community rights and responsibilities
Health and Community Services Complaints Regulations 1998 6
Schedule 3 Principles of health and community rights and
responsibilities
regulation 7
A person is entitled to receive appropriate health services and
community services of a high standard as promptly as
circumstances reasonably permit.
A person is entitled to be informed and educated about health and
community matters that may be relevant to him or her and about
available health services and community services.
A person who is capable of doing so is entitled to participate
effectively in the making of a decision dealing with his or her health,
including those about participation in research.
A person who is capable of doing so is entitled to participate
actively in his or her health care.
A person is entitled to be provided with health services and
community services in a considerate way that take into account his
or her cultural and ethnic background, needs and wishes.
The confidentiality of information about a person's health is to be
preserved.
A person is entitled to reasonable access to information about his
or her health.
A person is entitled to reasonable access to procedures to redress
grievances about the way health services and community services
are provided.
A provider or person who provides care for a user is to be
considered and recognised for his or her contribution to health care.
A person who is capable of doing so is entitled to make his or her
own responsible contribution to the therapeutic partnership between
himself or herself and a provider.
Schedule 4
Health and Community Services Complaints Regulations 1998 7
Schedule 4
regulation 8
NORTHERN TERRITORY OF AUSTRALIA
Health and Community Services Complaints Act 1998
STATEMENT OF PROFESSIONAL MENTOR OR EXPERT
I, , undertake not to record, disclose or use
confidential information gained through my acting as a professional
mentor/through my giving of a report* except for the purposes of the Health
and Community Services Complaints Act 1998 as requested and authorised
by the Commissioner.
*I certify that I have not received confidential information that reveals the
identity of a complainant or provider referred to in a complaint under the
Health and Community Services Complaints Act 1998.
*I certify that from confidential information that I have received that I do not
have knowledge of the identity of a complainant or provider referred to in a
complaint under the Health and Community Services Complaints Act 1998.
*I certify that from confidential information that I have received that I have
knowledge of the identity of a complainant or provider referred to in a
complaint under the Health and Community Services Complaints Act 1998.
Particulars of the knowledge are as follows:
.
Dated 19 .
Signature
Delete if not applicable
Schedule 5
Health and Community Services Complaints Regulations 1998 8
Schedule 5
regulation 9
NORTHERN TERRITORY OF AUSTRALIA
Health and Community Services Complaints Act 1998
INFORMATION IN SUPPORT OF ISSUE OF SEARCH WARRANT
I, , in pursuance of section 58(1) of the Health
and Community Services Complaints Act 1998, make oath and say that:
*I believe that entry and inspection of the premises
at is necessary to enable an investigation to be carried
out under Part 7 of the Health and Community Services Complaints Act 1998.
*I suspect that there may be on the premises at a
document or other thing relevant to a matter being investigated under Part 7
of the Health and Community Services Complaints Act 1998.
I suspect that there is on premises at one
or more persons referred to in section 58(6) of the Health and Community
Services Complaints Act 1998 who cannot, practically or otherwise, exercise
an absolute right to leave the premises and whose health and safety may be
at risk.
My belief/suspicion is based on the following:
.
I apply for a search warrant to enter into and remain on the premises and to
carry out the acts permitted by the Health and Community Services
Complaints Act 1998.
Made at [place] ________________ on [date] ________________
By [signature of deponent] _______________________________________
Witnessed by
Signature _______________________________________________
Name _______________________________________________
Address or phone no.
Schedule 5
Health and Community Services Complaints Regulations 1998 9
CERTIFICATE OF JUSTICE OF THE PEACE
In pursuance of section 58 of the Health and Community Services Complaints
Act 1998, I certify that the matters stated above are the matters I relied on to
justify issuing the warrant.
Justice of the peace
*Delete if not applicable
Schedule 6
Health and Community Services Complaints Regulations 1998 10
Schedule 6
regulation 9
NORTHERN TERRITORY OF AUSTRALIA
Health and Community Services Complaints Act 1998
SEARCH WARRANT
To : .
WHEREAS, I, , a justice of the peace, being
satisfied by information on oath placed before me by on
in relation to premises at that there is:
*reason to believe that entry and inspection of the premises is
necessary to enable an investigation to be carried out under Part 7 of the
Health and Community Services Complaints Act 1998,
*reason to suspect that there may be on the premises a document or
other thing relevant to a matter being investigated under Part 7 of the Health
and Community Services Complaints Act 1998,
*reason to suspect that there is on the premises one or more persons
referred to in section 58(6) of the Health and Community Services Complaints
Act 1998 who cannot, practically or otherwise, exercise an absolute right to
leave the premises and whose health and safety may be at risk,
AUTHORISE YOU and any other person assisting you, with force if
necessary, to enter and remain on the premises and do any or all of the
actions permitted under section 58(3) of the Health and Community Services
Complaints Act 1998.
This warrant remains in force for 30 days after the day on which it is issued.
Dated 19 .
Justice of the peace
*Delete if not applicable
Schedule 7 Prescribed providers
Health and Community Services Complaints Regulations 1998 11
Schedule 7 Prescribed providers
regulation 10
Anyinginyi Congress Aboriginal Corporation
Central Australian Aboriginal Congress Incorporated
Danila Dilba Biluru Butji Binnilutlum Medical Service Aboriginal Corporation
Darwin Private Hospital Pty Ltd
Miwatj Health Aboriginal Corporation
Northern Territory Health Services
Wurli Wurlinjang Aboriginal Health Service
Schedule 8 Internal complaints procedures
Health and Community Services Complaints Regulations 1998 12
Schedule 8 Internal complaints procedures
regulation 11
A prescribed provider must inquire into and, if possible, resolve a
complaint made by a user or the representative of a user relating to
a health service or community service provided by the provider to
the user.
A prescribed provider who provides a health service or community
service to a user must ensure that adequate information is made
available to the user or the representative of the user about:
(a) the internal complaints procedures of the prescribed provider;
(b) all other complaints procedures that apply to the prescribed
provider, including the procedure under Part 5 of the Act; and
(c) the right to, and availability of, support and advocacy services
that are available to the user.
Information provided under clause 2 must be in a form that is
accessible and understood by the user or representative.
A prescribed provider must ensure that a user or the representative
of a user who makes a complaint to the prescribed provider in
accordance with the internal complaints procedures of the provider:
(a) receives a written acknowledgement as soon as practicable
after the complaint is made; and
(b) is kept informed of the progress of any inquiries, investigation
or other action on the complaint at regular intervals.
A prescribed provider must ensure that a full and accurate record of
the nature of a complaint and any inquiry, investigation or other
action taken in relation to it is kept.
A prescribed provider must maintain a register containing a record
of all complaints received.
If a prescribed provider considers that after investigating a
complaint:
(a) a person may have committed an offence – the prescribed
provider must notify a member of the Police Force;
Schedule 8 Internal complaints procedures
Health and Community Services Complaints Regulations 1998 13
(b) a person may have committed a breach of discipline – the
prescribed provider must commence disciplinary proceedings
against the person that are appropriate; or
(c) a registered provider may be guilty of unprofessional
conduct – the prescribed provider must notify the relevant
Board.
8. At the conclusion of an investigation of a complaint, the prescribed
provider must inform the user or his or her representative of the
user's right to make a complaint under Part 5 of the Act.
ENDNOTES
Health and Community Services Complaints Regulations 1998 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Health and Community Services Complaints Regulations (SL No. 18, 1998)
Notified 1 July 1998
Commenced 1 July 1998
Statute Law Revision Act 1999 (Act No. 27, 1999)
Assent date 18 June 1999
Commenced 18 June 1999
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 14 December 2005
Commenced 14 December 2005
Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18,
2010)
Assent date 20 May 2010
Commenced 1 July 2010 (s 2)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations
Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,
p 4)
Public and Environmental Health Act 2011 (Act No. 7, 2011)
Assent date 16 March 2011
Commenced 1 July 2011 (Gaz S28, 3 June 2011)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
ENDNOTES
Health and Community Services Complaints Regulations 1998 15
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2 and Sch 4, 5 and 6.
4 LIST OF AMENDMENTS
r 2 amd Act No. 7, 2011, s 147
r 3 rep Act No. 18, 2010, s 45
sch 1 amd Act No. 27, 1999, s 16; Act No. 44, 2005, s 22
rep Act No. 18, 2010, s 45
sch 2 amd Act No. 44, 2005, s 22; Act No. 18, 2010, s 46
sch 5 amd Act No. 40, 2010, s 130; Act No. 8, 2016, s 45
sch 6 amd Act No. 8, 2016, s 45