23Making a complaint

23 Making a complaint

(1)  [Section 23 Subsection (1) amended by No. 5 of 2005, s. 7, Applied:06 May 2005] A person who is entitled to make a complaint under section 22 may make one or more of the following complaints to the Commissioner:

(a) a health service provider acted unreasonably by not providing a health service;

(b) the provision of a health service or of part of a health service was not necessary;

(c) a health service provider acted unreasonably in the manner of providing a health service;

(d) a health service provider failed to exercise due skill;

(e) a health service provider failed to treat a health service user in an appropriate professional manner;

(f) a health service provider failed to respect a health service user's privacy or dignity;

(g) a health service user was not provided–

(i) in language and terms understandable to the user, with sufficient information on the treatment and health services available to enable the user to make an informed decision; or

(ii) with a reasonable opportunity to make an informed choice of the treatment or services available; or

(iii) with adequate information on the availability of further advice on the user's condition or of relevant education programmes; or

(iv) with adequate information on the treatment or services received; or

(v) with any prognosis that it would have been reasonable for the user to be provided with;

(h) a health service provider acted unreasonably by–

(i) denying a health service user access to, or restricting the user's access to, records relating to the user that were in the provider's possession; or

(ii) not making available to a health service user information about the user's condition that the health service provider was able to make available;