NSWIn ForceAct
Health Care Complaints Act 1993
8Who may make a complaint?
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#### 8 Who may make a complaint?
8 Who may make a complaint?
> > (1) A complaint may be made by any person including, in particular, the following—
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> > > • the client concerned
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> > > • a parent or guardian of the client concerned
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> > > • a person chosen by the client concerned as his or her representative (including an Australian legal practitioner) for the purpose of making the complaint
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> > > • a health service provider
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> > > • a member of Parliament
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> > > • the Health Secretary
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> > > • the Minister.
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> > (2) The Commissioner may make a complaint under this Act, but only if it appears to the Commissioner that the matter that is the subject of the complaint—
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> > > (a) raises a significant issue of public health or safety, or
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> > > (b) raises a significant question regarding a health service that affects, or is likely to affect, the clinical management or care of an individual client, or
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> > > (c) if substantiated, would—
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> > > > (i) provide grounds for disciplinary action against a health practitioner or relevant health organisation, or
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> > > > (ii) be found to involve gross negligence on the part of a health practitioner, or
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> > > > (iii) result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127).
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> > (3) The provisions of this Part apply to the making of a complaint by the Commissioner, subject to any modifications prescribed by the regulations.
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> **s 8:** Am 2005 No 98, Sch 3.29 \[1\]; 2013 No 24, Sch 2 \[3\]; 2020 No 32, Sch 1\[4\].