Health and Community Services Complaints (Miscellaneous) Amendment Act 2018 (SA)

South Australia

Health and Community Services Complaints (Miscellaneous) Amendment Act 2018

An Act to amend the Health and Community Services Complaints Act 2004.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Health and Community Services Complaints (Miscellaneous) Amendment Act 2018.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Health and Community Services Complaints Act 20044Amendment of long title

Long title—delete "users" and substitute:

consumers

5Amendment of section 3 – Objects

Section 3(b)—delete "users" and substitute:

consumers

6Amendment of section 4 – Interpretation

1. (1)

   Section 4(1)—after the definition of community service insert:

   community service consumer means a person who uses or receives, or who is seeking to use or receive, a community service;

2. (2)

   Section 4(1), definition of community service user—delete the definition

3. (3)

   Section 4(1), definition of confidential information, (a), (b) and (c)—delete "user" wherever occurring and substitute in each case:

   consumer

4. (4)

   Section 4(1)—after the definition of confidential information insert:

   corresponding law means a law, or part of a law, of a State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Act;

5. (5)

   Section 4(1)—after the definition of health service insert:

   health service consumer means a person who uses or receives, or who is seeking to use or receive, a health service;

6. (6)

   Section 4(1), definition of health service user—delete the definition

7. (7)

   Section 4(1), definition of registration law, (c)—delete paragraph (c)

7Amendment of section 9 – Functions

1. (1)

   Section 9(1)(f)—delete "users" and substitute:

   consumers

2. (2)

   Section 9(1)(k)(iii)—delete "users" and substitute:

   consumers

8Amendment of section 24 – Who may complain

1. (1)

   Section 24—delete "(a health or community service user)" and substitute:

   (a health or community service consumer)

2. (2)

   Section 24—delete "health or community service user" wherever occurring and substitute in each case:

   health or community service consumer

3. (3)

   Section 24(g)—delete "on behalf of the user" and substitute:

   on behalf of the health or community service consumer

9Amendment of section 25 – Grounds on which a complaint may be made

1. (1)

   Section 25(1)(e)—delete "user" and substitute:

   consumer

2. (2)

   Section 25(1)(f)—delete "user's" and substitute:

   consumer's

3. (3)

   Section 25(1)(g)—delete "user" wherever occurring and substitute in each case:

   consumer

4. (4)

   Section 25(1)(g)(iii)—delete "user's" and substitute:

   consumer's

5. (5)

   Section 25(1)(h)—delete "user" wherever occurring and substitute in each case:

   consumer

6. (6)

   Section 25(1)(h)—delete "user's" wherever occurring and substitute in each case:

   consumer's

7. (7)

   Section 25(1)(i)—delete "user" and substitute:

   consumer

8. (8)

   Section 25(1)(j)—delete "user" and substitute:

   consumer

9. (9)

   Section 25(3)—delete "user" wherever occurring and substitute in each case:

   consumer

10. (10)

    Section 25(5)—after "(as the case may be) and" insert:

    , subject to subsection (6),

11. (11)

    Section 25—after subsection (5) insert:

    1. (6)

       Despite subsection (5), a volunteer may be required to participate in proceedings under this Act and may be the subject of the exercise of power under Part 6 if, in the circumstances—

       1. (a)

          a code of conduct under section 56A applies in respect of the volunteer; and

       2. (b)

          the Commissioner is satisfied that conduct of the volunteer poses or has posed a risk to the health or safety of members of the public.

10Amendment of heading to Part 6 Division 5

Heading to Part 6 Division 5—delete "unregistered health practitioners" and substitute:

certain health service providers

11Amendment of section 56A – Codes of conduct

1. (1)

   Section 56A(1)—delete subsection (1) and substitute:

   1. (1)

      The Governor may, by regulation, prescribe 1 or more codes of conduct relating to the following:

      1. (a)

         the provision of health services by persons who are not registered service providers;

      2. (b)

         the provision of health services by persons who are registered service providers and who provide health services that are unrelated to their registration.

2. (2)

   Section 56A—after subsection (2) insert:

   1. (2a)

      A regulation under this section prescribing a code of conduct may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.

12Amendment of section 56B – Interim action

1. (1)

   Section 56B(1) and (2)—delete subsections (1) and (2) and substitute:

   1. (1)

      The Commissioner may act under this section if—

      1. (a)

         an investigation has been commenced under this Part in relation to a person who has provided a health service; and

      2. (b)

         the Commissioner has a reasonable belief that the person has—

         1. (i)

            breached a prescribed code of conduct under section 56A that applies to the person; or

         2. (ii)

            committed a prescribed offence; and

      3. (c)

         in the opinion of the Commissioner action under this section is necessary to protect the health or safety of members of the public.

   2. (2)

      The Commissioner may, in acting under this section in relation to a person—

      1. (a)

         make an order prohibiting the person from doing 1 or more of the following for a period of 12 weeks or such shorter period as may be specified in the order:

         1. (i)

            providing health services or specified health services;

         2. (ii)

            offering, advertising or otherwise promoting health services or specified health services (including where those services may be provided by another person);

         3. (iii)

            holding themselves out or otherwise promoting themselves as a provider of health services or specified health services;

         4. (iv)

            providing advice in relation to the provision of health services or specified health services (including where those services may be provided by another person); and

      2. (b)

         make an order imposing such conditions as the Commissioner considers appropriate on the provision of health services, or specified health services, by the person for a period of 12 weeks or shorter period as may be specified in the order; and

      3. (c)

         publish a public statement, in a manner determined by the Commissioner, identifying the person and giving warnings or such other information as the Commissioner considers appropriate in relation to the health services, or specified health services, provided by the person.

2. (2)

   Section 56B(3)—after "order" insert:

   or public statement

3. (3)

   Section 56B(4)—delete "prescribed health service provider" and substitute:

   person to whom the order relates

13Amendment of section 56C – Commissioner may take action

Section 56C(1) and (2)—delete subsections (1) and (2) and substitute:

1. (1)

   The Commissioner may act under this section if—

   1. (a)

      an investigation has been carried out under this Part in relation to a person who has provided a health service; and

   2. (b)

      the Commissioner is satisfied that the person has—

      1. (i)

         breached a prescribed code of conduct under section 56A that applies to the person; or

      2. (ii)

         been found guilty of a prescribed offence; and

   3. (c)

      in the opinion of the Commissioner the person poses an unacceptable risk to the health or safety of members of the public in providing health services.

2. (2)

   The Commissioner may, in acting under this section in relation to a person—

   1. (a)

      make an order prohibiting the person from doing 1 or more of the following for a specified period or indefinitely:

      1. (i)

         providing health services or specified health services;

      2. (ii)

         offering, advertising or otherwise promoting health services or specified health services (including where those services may be provided by another person);

      3. (iii)

         holding themselves out or otherwise promoting themselves as a provider of health services or specified health services;

      4. (iv)

         providing advice in relation to the provision of health services or specified health services (including where those services may be provided by another person); and

   2. (b)

      make an order imposing such conditions as the Commissioner considers appropriate on the provision of health services, or specified health services, by the person for a specified period, or indefinitely; and

   3. (c)

      publish a public statement, in a manner determined by the Commissioner, identifying the person and giving warnings or such other information as the Commissioner considers appropriate in relation to the health services, or specified health services, provided by the person.

14Amendment of section 56D – Commissioner to provide details

1. (1)

   Section 56D(1)—after "takes any action" insert:

   against a person

2. (2)

   Section 56D(1)—delete "prescribed health service provider" and substitute:

   person

15Insertion of section 56EA

After section 56E insert:

56EA—Requirement to comply with interstate orders in this State

1. (1)

   A person commits an offence if—

   1. (a)

      an interstate order is in force in respect of the person; and

   2. (b)

      the person engages in conduct in this State that would constitute a contravention of the interstate order if it occurred in the jurisdiction in which the order is in force.

Maximum penalty: $10 000 or imprisonment for 2 years or both.

1. (2)

   In this section—

conduct includes an act or omission;

interstate final order means an order, or order of a type, made under a corresponding law that is declared by the regulations to be an interstate final order for the purposes of this section;

interstate interim order means an order, or order of a type, made under a corresponding law that is declared by the regulations to be an interstate interim order for the purposes of this section;

interstate order means an interstate interim order or an interstate final order.

16Amendment of section 74 – Protection of identity of service consumer or complainant from service provider

Section 74—delete "user" and substitute:

consumer

17Amendment of section 75 – Preservation of confidentiality

Section 75(1)—after paragraph (b) insert:

1. (ba)

   when necessary for the purposes of a corresponding law; or

18Amendment of section 76 – Returns by prescribed providers

Section 76(3)—delete "users" and substitute:

consumers

19Amendment of section 77 – Returns by registration authorities and prescribed bodies

1. (1)

   Section 77(1)—delete "A registration authority" and substitute:

   A body to which this section applies

2. (2)

   Section 77(1)(a)—delete "registration authority" and substitute:

   body

3. (3)

   Section 77(3)—delete "registration authorities" and substitute:

   bodies to which this section applies

4. (4)

   Section 77—after subsection (4) insert:

   1. (5)

      This section applies to the following bodies:

      1. (a)

         a registration authority;

      2. (b)

         a body prescribed by the regulations for the purposes of this section.