4Health service principles

4 Health service principles

For the purposes of this Act, the following principles are the health service principles—

(a) that a health service is able to be accessed;

(b) that a health service is safe and of high quality;

(c) that a health service is provided with appropriate care and attention;

(d) that a person seeking or being provided with a health service and the person's carer are treated with respect, dignity and consideration;

(e) that adequate and clear information is provided about a health service in respect of the treatment, options and costs in a transparent manner;

(f) that an inclusive approach is applied in the making of decisions about a health service;

(g) that the privacy and confidentiality of health information and personal information is respected;

(h) that a health service provider makes provision for the person seeking or being provided with a health service to make comments or complaints and that those comments or complaints are addressed.

Part 2—Complaints

Division 1—Making a complaint

5 Complaint by person who received or sought a health service

(1) A person may make a complaint to a health service provider about—

(a) any unreasonable provision of a health service by the provider to the person; or

(b) any unreasonable failure by the provider to provide a health service to the person that the person has sought; or

(c) any unreasonable failure by the provider to act consistently with the health service principles in the provision of or a failure to provide a health service to the person; or

(d) the provision of a health service by the provider to the person in an unreasonable manner; or

S. 5(1)(da) inserted by No. 4/2022 s. 25.

(da) any failure by the provider to comply with the duty of candour under Part 5A of the Health Services Act 1988; or

(e) the manner in which a complaint by the person is dealt with by the health service provider, including whether the provider has not complied with or has acted inconsistently with any complaint handling standards.

(2) A person may make a complaint to the Commissioner about—

(a) anything to which a paragraph of subsection (1) applies, without making a complaint to the health service provider, if it would be unreasonable or inappropriate to resolve the matter by making a complaint under subsection (1); or

(b) any failure by a general health service provider in providing or failing to provide a general health service to the person—