7Complaint by carer

7 Complaint by carer

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

(a) any unreasonable treatment of the carer by the provider when providing or failing to provide a health service to the person cared for by the carer; or

S. 7(1)(ab) inserted by No. 4/2022 s. 27.

(ab) any unreasonable treatment of the carer by the provider in the course of complying or failing to comply with the duty of candour under Part 5A of the Health Services Act 1988 in relation to the person cared for by the carer; or

(b) the manner in which a complaint by the carer 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 carer of a person who has sought a health service from or has been provided with a health service by a health service provider may make a complaint to the Commissioner about—

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

(c) the manner in which a complaint by the carer 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.