4Definitions

#### 4 Definitions 4 Definitions > In this Act— > > associated complaint means a complaint made or referred to the Commission in respect of a health practitioner who is, or a health organisation that is, the subject of another complaint being assessed or investigated by the Commission or being prosecuted by the Commission before a disciplinary body, and includes— > > > (a) a complaint made at any time prior to the completion of the assessment, investigation or prosecution of that other complaint, and > > > (b) a complaint that has been discontinued or terminated. > > authorised person means an officer of the Commission who is authorised as referred to in section 31 or 63C, and includes the Commissioner. > > client means a person who uses or receives a health service, and includes a patient. > > Commission means the Health Care Complaints Commission constituted by section 75. > > complainant means— > > > (a) the person making a complaint, except as provided by paragraph (b), or > > > (b) the client on whose behalf a complaint is made if the complaint is made by a person chosen by the client as his or her representative for the purpose of making the complaint. > > complaint means a complaint made under this Act or a complaint made under another Act that is able to be dealt with by the Commission under this Act. > > conciliator means a person appointed to be a conciliator under section 89. > > Director of Proceedings means the Director of Proceedings appointed under Part 6A. > > disciplinary action includes— > > > (a) the making of a prohibition order in relation to a health practitioner or a relevant health organisation, and > > > (b) the issue of a statement under section 41A in relation to a health practitioner or under section 45C in relation to a relevant health organisation. > > disciplinary body means the following bodies under the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)— > > > (a) a responsible tribunal, > > > (b) a Professional Standards Committee. > > exercise of a function includes the performance of a duty. > > function includes a power, authority or duty. > > Health Conciliation Registry means the Health Conciliation Registry established by section 85. > > health organisation means a body that provides a health service (not being a health practitioner). > > health practitioner means a natural person who provides a health service (whether or not the person is registered under the Health Practitioner Regulation National Law). > > Health Practitioner Regulation National Law means— > > > (a) the Health Practitioner Regulation National Law— > > > > > (i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and > > > > > (ii) as it applies (including with any modifications) as a law of New South Wales or another State or Territory, or > > > (b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a). > > Health Secretary means the Secretary of the Ministry of Health. > > health service includes the following services, whether provided as public or private services— > > > (a) medical, hospital, nursing and midwifery services, > > > (b) dental services, > > > (c) mental health services, > > > (d) pharmaceutical services, > > > (e) ambulance services, > > > (f) community health services, > > > (g) health education services, > > > (h) welfare services necessary to implement any services referred to in paragraphs (a)–(g), > > > (i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices, > > > (j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services, > > > (j1) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services, > > > (k) services provided in other alternative health care fields, > > > (k1) forensic pathology services, > > > (l) a service prescribed by the regulations as a health service for the purposes of this Act. > > health service provider means a person who provides a health service (being a health practitioner or a health organisation). > > interim prohibition order means an interim prohibition order made under section 41AA or 45B. > > Joint Committee means the Committee on the Health Care Complaints Commission appointed as referred to in section 64. > > parties to a complaint means the complainant and the person against whom the complaint is made. > > professional council means, in relation to a health practitioner in a health profession for which a Council is established under section 41B of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a), the Council for that health profession. > > prohibition order means a prohibition order made under section 41A or 45C. > > registered includes enrolled. > > registered health practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > Registrar means the Registrar of the Health Conciliation Registry. > > registration authority means, in relation to a health practitioner in a health profession for which a National Board (within the meaning of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a)) is provided—that National Board. > > relevant health organisation means a person that is a health organisation other than the following— > > > (a) a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), > > > (b) a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), > > > (c) a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), > > > (d) an organisation or class of organisation prescribed by the regulations for the purposes of this definition. > > Note— > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) defines person to include an individual, a corporation and a body corporate or politic. > > student has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > Note— > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > **s 4:** Am 2001 No 15, Sch 6.2; 2001 No 16, Sch 6.2; 2001 No 64, Sch 6.2; 2001 No 67, Sch 6.3; 2001 No 69, Sch 6.1; 2002 No 30, Sch 6.2; 2003 No 45, Sch 2.4 \[1\]; 2003 No 69, Sch 6.2; 2004 No 98, Schs 1 \[3\] \[4\], 2 \[2\] \[3\], 3 \[1\]; 2005 No 64, Sch 1.13 \[1\]; 2006 No 2, Sch 4.24 \[1\]; 2006 No 59, Sch 7.5; 2006 No 124, Sch 2 \[1\]; 2008 No 27, Sch 2 \[2\]; 2009 No 61, Sch 4.2 \[1\]–\[3\]; 2010 No 34, Sch 2.22 \[3\]–\[5\]; 2011 No 62, Sch 1.8; 2012 No 42, Sch 1.12 \[1\] \[2\]; 2014 No 33, Sch 3.12 \[1\] \[2\]; 2017 No 50, Sch 2 \[1\]; 2020 No 32, Sch 1\[1\]; 2022 No 41, Sch 1\[1\]; 2023 No 7, Sch 3.11; 2023 No 37, Sch 2.