HEALTH AND COMMUNITY SERVICES COMPLAINTS REGULATIONS 1998

NORTHERN TERRITORY OF AUSTRALIA HEALTH AND COMMUNITY SERVICES COMPLAINTS REGULATIONS 1998 As in force at 1 May 2016 Table of provisions 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 4 Prescribed health services............................................................... 1 5 Prescribed services for aged people ............................................... 1 6 Prescribed services for people with disabilities................................ 2 7 Principles of health and community rights and responsibilities ........ 2 8 Statement by professional mentor or expert .................................... 2 9 Search warrant ................................................................................ 2 10 Prescribed providers ........................................................................ 2 11 Internal complaint procedures ......................................................... 2 Schedule 2 Health services Schedule 3 Principles of health and community rights and responsibilities Schedule 4 Schedule 5 Schedule 6 Schedule 7 Prescribed providers Schedule 8 Internal complaints procedures ENDNOTES -- 1 of 17 -- -- 2 of 17 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 May 2016 ____________________ HEALTH AND COMMUNITY SERVICES COMPLAINTS REGULATIONS 1998 Regulations under the Health and Community Services Complaints Act 1998 1 Citation These Regulations may be cited as the Health and Community Services Complaints Regulations 1998. 2 Definitions In these Regulations, unless the contrary intention appears: confidential information has the meaning it has in section 97(5) of the Act. health status report means a report prepared by a provider on the physical, mental or emotional health of a person or on the disability of the person for a purpose other than the benefit of the health of the person. Northern Territory Health Services means the Territory through the Agency allotted responsibility for the administration of the Public and Environmental Health Act 2011. 4 Prescribed health services (1) A service specified in Part 1 of Schedule 2 is a health service for the purposes of the definition of health service in section 4(1) of the Act. (2) A service specified in Part 2 of Schedule 2 is not a health service for the purposes of the definition of health service in section 4(1) of the Act. 5 Prescribed services for aged people A service specified in Part 3 of Schedule 2 is a service for aged people for the purposes of the definition of services for aged persons in section 4(1) of the Act. -- 3 of 17 -- Health and Community Services Complaints Regulations 1998 2 6 Prescribed services for people with disabilities A service specified in Part 4 of Schedule 2 is a service for people with a disability for the purposes of the definition of services for persons with a disability in section 4(1) of the Act. 7 Principles of health and community rights and responsibilities A reference in the Act to the principles set out or specified in the Regulations is a reference to the principles specified in Schedule 3. 8 Statement by professional mentor or expert The form in Schedule 4 is the prescribed form for the purposes of sections 45(5), 51(7) and 52(3) of the Act. 9 Search warrant (1) An information for the purposes of section 58 of the Act may be in the form specified in Schedule 5. (2) The form in Schedule 6 is the prescribed form for the purposes of section 58 the Act. 10 Prescribed providers The providers specified in Schedule 7 are prescribed providers for the purposes of sections 99 and 100 of the Act. 11 Internal complaint procedures The procedures set out in Schedule 8 are the internal complaints procedures for the purposes of section 100 of the Act. -- 4 of 17 -- Schedule 2 Health services Health and Community Services Complaints Regulations 1998 3 Schedule 2 Health services regulations 4, 5 and 6 Part 1 Services that are prescribed health services 1. A service provided at a hospital, health institution or nursing home. 2. All medical services, nursing services, dental services, pharmaceutical services, paramedical services, mental health services, allied health services, community health services, environmental health services, specialised health services and alcohol and other drug services and a service related to those services. 3. An examination for the purposes of preparing a health status report, including referring to any notes of the examination on which the report is based. 4. A laboratory service provided in support of a health service. 5. A laundry service, dry cleaning service, catering service or other support service provided to a hospital, health institution, nursing home, if the service affects the care or treatment of a patient or resident. 6. A social work service, welfare service, recreational service or leisure service, if provided as part of a health service. 7. An ambulance service. 8. Any other service provided by a registered provider for, or purportedly for, the care or treatment of a person. 9. A service provided by: (a) an audiologist, audiometrist or optical dispenser; (b) a child guidance therapist, dietician, speech pathologist, prosthetist, psychotherapist or therapeutic counsellor. 10. A service of a professional or technical nature provided for, or purportedly for, the care or treatment of a person or in support of a health service. 11. A service provided by a practitioner of therapeutic massage, naturopathy or acupuncture or in another natural or alternative health care or diagnostic field. -- 5 of 17 -- Schedule 2 Health services Health and Community Services Complaints Regulations 1998 4 12. The provision of information relating to the promotion or provision of health care or health education. Part 2 Services that are not prescribed health services The process of writing, or the content of, a health status report. Part 3 Services that are prescribed services for aged people 1. A service that provides one or more of the following kinds of support specifically for aged people or their carers: Home help, personal care, home maintenance or modification, food services, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, co-ordination, case management and brokerage, recreation, advocacy, provision of equipment. 2. Services provided in association with the use of premises for the care, treatment and accommodation of aged people. 3. Services under the Home and Community Care Program established under clause 5 of the agreement between the Commonwealth and the Territory set out in the Schedule to the Home and Community Care Act 1985 of the Commonwealth or an aged care program conducted by or on behalf of the Territory. Part 4 Services that are prescribed services for people with disabilities 1. A service that provides one or more of the following kinds of support specifically for people with disabilities or their carers: Home help, personal care, home maintenance or modification, food services, respite care, transport, assessment or referral of support needs, education, training and skill development, information services, co-ordination, case management and brokerage, recreation, advocacy, community access, accommodation support, rehabilitation, employment services, provision of equipment. 2. Services provided in association with the use of premises for the care, treatment and accommodation of people with disabilities. -- 6 of 17 -- Schedule 2 Health services Health and Community Services Complaints Regulations 1998 5 3. Services purchased through the Home and Community Care Program established under clause 5 of the agreement between the Commonwealth and the Territory set out in the Schedule to the Home and Community Care Act 1985 of the Commonwealth or a disability program conducted by or on behalf of the Territory. -- 7 of 17 -- Schedule 3 Principles of health and community rights and responsibilities Health and Community Services Complaints Regulations 1998 6 Schedule 3 Principles of health and community rights and responsibilities regulation 7 1. A person is entitled to receive appropriate health services and community services of a high standard as promptly as circumstances reasonably permit. 2. A person is entitled to be informed and educated about health and community matters that may be relevant to him or her and about available health services and community services. 3. A person who is capable of doing so is entitled to participate effectively in the making of a decision dealing with his or her health, including those about participation in research. 4. A person who is capable of doing so is entitled to participate actively in his or her health care. 5. A person is entitled to be provided with health services and community services in a considerate way that take into account his or her cultural and ethnic background, needs and wishes. 6. The confidentiality of information about a person's health is to be preserved. 7. A person is entitled to reasonable access to information about his or her health. 8. A person is entitled to reasonable access to procedures to redress grievances about the way health services and community services are provided. 9. A provider or person who provides care for a user is to be considered and recognised for his or her contribution to health care. 10. A person who is capable of doing so is entitled to make his or her own responsible contribution to the therapeutic partnership between himself or herself and a provider. -- 8 of 17 -- Schedule 4 Health and Community Services Complaints Regulations 1998 7 Schedule 4 regulation 8 NORTHERN TERRITORY OF AUSTRALIA Health and Community Services Complaints Act 1998 STATEMENT OF PROFESSIONAL MENTOR OR EXPERT I, , undertake not to record, disclose or use confidential information gained through my acting as a professional mentor/through my giving of a report* except for the purposes of the Health and Community Services Complaints Act 1998 as requested and authorised by the Commissioner. *I certify that I have not received confidential information that reveals the identity of a complainant or provider referred to in a complaint under the Health and Community Services Complaints Act 1998. *I certify that from confidential information that I have received that I do not have knowledge of the identity of a complainant or provider referred to in a complaint under the Health and Community Services Complaints Act 1998. *I certify that from confidential information that I have received that I have knowledge of the identity of a complainant or provider referred to in a complaint under the Health and Community Services Complaints Act 1998. Particulars of the knowledge are as follows: . Dated 19 . Signature * Delete if not applicable -- 9 of 17 -- Schedule 5 Health and Community Services Complaints Regulations 1998 8 Schedule 5 regulation 9 NORTHERN TERRITORY OF AUSTRALIA Health and Community Services Complaints Act 1998 INFORMATION IN SUPPORT OF ISSUE OF SEARCH WARRANT I, , in pursuance of section 58(1) of the Health and Community Services Complaints Act 1998, make oath and say that: *I believe that entry and inspection of the premises at is necessary to enable an investigation to be carried out under Part 7 of the Health and Community Services Complaints Act 1998. *I suspect that there may be on the premises at a document or other thing relevant to a matter being investigated under Part 7 of the Health and Community Services Complaints Act 1998. *I suspect that there is on premises at one or more persons referred to in section 58(6) of the Health and Community Services Complaints Act 1998 who cannot, practically or otherwise, exercise an absolute right to leave the premises and whose health and safety may be at risk. My belief/suspicion* is based on the following: . I apply for a search warrant to enter into and remain on the premises and to carry out the acts permitted by the Health and Community Services Complaints Act 1998. Made at [place] ________________ on [date] ________________ By [signature of deponent] _______________________________________ Witnessed by Signature _______________________________________________ Name _______________________________________________ Address or phone no. -- 10 of 17 -- Schedule 5 Health and Community Services Complaints Regulations 1998 9 CERTIFICATE OF JUSTICE OF THE PEACE In pursuance of section 58 of the Health and Community Services Complaints Act 1998, I certify that the matters stated above are the matters I relied on to justify issuing the warrant. Justice of the peace *Delete if not applicable -- 11 of 17 -- Schedule 6 Health and Community Services Complaints Regulations 1998 10 Schedule 6 regulation 9 NORTHERN TERRITORY OF AUSTRALIA Health and Community Services Complaints Act 1998 SEARCH WARRANT To : . WHEREAS, I, , a justice of the peace, being satisfied by information on oath placed before me by on in relation to premises at that there is: *reason to believe that entry and inspection of the premises is necessary to enable an investigation to be carried out under Part 7 of the Health and Community Services Complaints Act 1998, *reason to suspect that there may be on the premises a document or other thing relevant to a matter being investigated under Part 7 of the Health and Community Services Complaints Act 1998, *reason to suspect that there is on the premises one or more persons referred to in section 58(6) of the Health and Community Services Complaints Act 1998 who cannot, practically or otherwise, exercise an absolute right to leave the premises and whose health and safety may be at risk, AUTHORISE YOU and any other person assisting you, with force if necessary, to enter and remain on the premises and do any or all of the actions permitted under section 58(3) of the Health and Community Services Complaints Act 1998. This warrant remains in force for 30 days after the day on which it is issued. Dated 19 . Justice of the peace *Delete if not applicable -- 12 of 17 -- Schedule 7 Prescribed providers Health and Community Services Complaints Regulations 1998 11 Schedule 7 Prescribed providers regulation 10 Anyinginyi Congress Aboriginal Corporation Central Australian Aboriginal Congress Incorporated Danila Dilba Biluru Butji Binnilutlum Medical Service Aboriginal Corporation Darwin Private Hospital Pty Ltd Miwatj Health Aboriginal Corporation Northern Territory Health Services Wurli Wurlinjang Aboriginal Health Service -- 13 of 17 -- Schedule 8 Internal complaints procedures Health and Community Services Complaints Regulations 1998 12 Schedule 8 Internal complaints procedures regulation 11 1. A prescribed provider must inquire into and, if possible, resolve a complaint made by a user or the representative of a user relating to a health service or community service provided by the provider to the user. 2. A prescribed provider who provides a health service or community service to a user must ensure that adequate information is made available to the user or the representative of the user about: (a) the internal complaints procedures of the prescribed provider; (b) all other complaints procedures that apply to the prescribed provider, including the procedure under Part 5 of the Act; and (c) the right to, and availability of, support and advocacy services that are available to the user. 3. Information provided under clause 2 must be in a form that is accessible and understood by the user or representative. 4. A prescribed provider must ensure that a user or the representative of a user who makes a complaint to the prescribed provider in accordance with the internal complaints procedures of the provider: (a) receives a written acknowledgement as soon as practicable after the complaint is made; and (b) is kept informed of the progress of any inquiries, investigation or other action on the complaint at regular intervals. 5. A prescribed provider must ensure that a full and accurate record of the nature of a complaint and any inquiry, investigation or other action taken in relation to it is kept. 6. A prescribed provider must maintain a register containing a record of all complaints received. 7. If a prescribed provider considers that after investigating a complaint: (a) a person may have committed an offence – the prescribed provider must notify a member of the Police Force; -- 14 of 17 -- Schedule 8 Internal complaints procedures Health and Community Services Complaints Regulations 1998 13 (b) a person may have committed a breach of discipline – the prescribed provider must commence disciplinary proceedings against the person that are appropriate; or (c) a registered provider may be guilty of unprofessional conduct – the prescribed provider must notify the relevant Board. 8. At the conclusion of an investigation of a complaint, the prescribed provider must inform the user or his or her representative of the user's right to make a complaint under Part 5 of the Act. -- 15 of 17 -- ENDNOTES Health and Community Services Complaints Regulations 1998 14 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Health and Community Services Complaints Regulations (SL No. 18, 1998) Notified 1 July 1998 Commenced 1 July 1998 Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Health Practitioner (National Uniform Legislation) Implementation Act 2010 (Act No. 18, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (s 2) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Public and Environmental Health Act 2011 (Act No. 7, 2011) Assent date 16 March 2011 Commenced 1 July 2011 (Gaz S28, 3 June 2011) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) -- 16 of 17 -- ENDNOTES Health and Community Services Complaints Regulations 1998 15 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2 and Sch 4, 5 and 6. 4 LIST OF AMENDMENTS r 2 amd Act No. 7, 2011, s 147 r 3 rep Act No. 18, 2010, s 45 sch 1 amd Act No. 27, 1999, s 16; Act No. 44, 2005, s 22 rep Act No. 18, 2010, s 45 sch 2 amd Act No. 44, 2005, s 22; Act No. 18, 2010, s 46 sch 5 amd Act No. 40, 2010, s 130; Act No. 8, 2016, s 45 sch 6 amd Act No. 8, 2016, s 45 -- 17 of 17 --