6Complaint about health service received or sought by another person

6 Complaint about health service received or sought by another person

(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 another person; or

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

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

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

S. 6(1)(da) inserted by No. 4/2022 s. 26.

(da) any failure by the provider to comply with the duty of candour under Part 5A of the Health Services Act 1988 with respect to the provision of a health service to another person; or

(e) the manner in which a complaint—

(i) 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; or

(ii) made by another person under section 5(1)(a), (b), (c) or (d) 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 another person—

(i) to comply or act consistently with a code of conduct applying to the general health service; or

(ii) to comply with an interim prohibition order; or

(iii) to comply with a prohibition order; or

(c) a matter that was the subject of a complaint by the person to a health service provider under subsection (1), if that complaint is not resolved within 3 months of making the complaint; or

(d) the manner in which a complaint by the person under subsection (1) 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.