Health And Community Services Complaints Regulations 1998 (NT)
NORTHERN TERRITORY OF AUSTRALIA
HEALTH AND COMMUNITY SERVICES COMPLAINTS REGULATIONS 1998
As in force at 1 May 2016
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
These Regulations may be cited as the
In these Regulations, unless the contrary intention appears:
(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.
A service specified in Part 3 of Schedule 2 is a service for aged people for the purposes of the definition of
A service specified in Part 4 of Schedule 2 is a service for people with a disability for the purposes of the definition of
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.
The form in Schedule 4 is the prescribed form for the purposes of sections 45(5), 51(7) and 52(3) of the Act.
(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.
The providers specified in Schedule 7 are prescribed providers for the purposes of sections 99 and 100 of the Act.
The procedures set out in Schedule 8 are the internal complaints procedures for the purposes of section 100 of the Act.
regulations 4, 5 and 6
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.
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.
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.
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.
regulation 8
I, , undertake not to record, disclose or use confidential information gained
*I certify that I have notreceived confidential information that reveals the identity of a complainant or providerreferred to in a complaint under the
*I certify that from confidential information that I have received that I do not haveknowledge of the identity of a complainant or providerreferred to in a complaint under the
*I certify that from confidential information that I have received that I haveknowledge of the identity of a complainant or providerreferred to in a complaint under the
.
Dated 19 .
Signature
regulation 9
I, , in pursuance of section 58(1) of the
My
.
I apply for a search warrant to enter into and remain on the premises and to carry out the acts permitted by the
Made at
By
Witnessed by
Signature _______________________________________________
Name _______________________________________________
Address or phone no.
In pursuance of section 58 of the
Justice of the peace
regulation 9
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:
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
This warrant remains in force for 30 days after the day on which it is issued.
Dated 19 .
Justice of the peace
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
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;
(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.
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 1 July 1998 |
Commenced | 1 July 1998 |
Assent date | 18 June 1999 |
Commenced | 18 June 1999 |
Assent date | 14 December 2005 |
Commenced | 14 December 2005 |
Assent date | 20 May 2010 |
Commenced | 1 July 2010 (s 2) |
Assent date | 18 November 2010 |
Commenced | 1 March 2011 (s 2, s 2 |
Assent date | 16 March 2011 |
Commenced | 1 July 2011 ( |
Assent date | 6 April 2016 |
Commenced | 1 May 2016 (s 2, s 2 |
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
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
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