Health Care Complaints Act 1993 (NSW)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
An Act to provide for the making, resolution, investigation and prosecution of health care complaints; to constitute a joint committee of members of Parliament, the Health Care Complaints Commission and the Health Conciliation Registry and to specify their functions; to amend certain Acts; and for other purposes.
This Act may be cited as the Health Care Complaints Act 1993.
This Act commences on a day or days to be appointed by proclamation.
The primary object of this Act is to establish the Health Care Complaints Commission as an independent body for the purposes of—
(a) receiving and assessing complaints under this Act relating to health services and health service providers in New South Wales, and
(b) investigating and assessing whether any such complaint is serious and if so, whether it should be prosecuted, and
(c) prosecuting serious complaints, and
(d) resolving or overseeing the resolution of complaints.
In the exercise of functions under this Act the protection of the health and safety of the public must be the paramount consideration.
This section provides an outline of the Commission’s role in relation to government agencies with functions in connection with the health care system.
The Commission is an independent body with responsibility for dealing with complaints under this Act, with particular emphasis on the investigation and prosecution of serious complaints in consultation with appropriate professional councils.
The Health Secretary is responsible for—
(a) facilitating the achievement and maintenance of adequate standards of patient care within public hospitals and in relation to other services provided by the public health system, and
(b) inquiring into the administration, management and services of public health organisations and arranging, as appropriate, inspection of such organisations, and
(c) developing and overseeing the implementation of health policy and regulation and responding to policy and regulatory issues as they emerge.
Public health organisations have the functions set out in Chapter 2 of the Health Services Act 1997. They are responsible for achieving and maintaining adequate standards of patient care and services, which may include a role in resolving complaints at a local level. Their role involves liaising with the Commission and professional councils.
Registration authorities are responsible for the registration of health professionals.
Professional councils are responsible for the management of complaints in conjunction with the Commission and protecting the public through promoting and maintaining professional standards.
The Commission and other government agencies with functions in connection with health care complaints under this Act are, in carrying out those functions, to have regard to the following principles—
(a) the Commission and those government agencies are to be accountable to the New South Wales community,
(b) the decision-making processes are to be open, clear and understandable for clients and health service providers,
(c) an acceptable balance is to be maintained between protecting the rights and interests of clients and health service providers,
(d) the processes of the Commission and those government agencies are to be effective in protecting the public from harm,
(e) the Commission and those government agencies are to strive to improve the efficiency of the administration of those functions so as to benefit the New South Wales community,
(f) the Commission and those government agencies are to be flexible and responsive as the health care system evolves and changes.
This section is explanatory only and does not affect any other provision of this Act, or any other Act, or any instrument made under this or any other Act.
In this Act—
(a) a complaint made at any time prior to the completion of the assessment, investigation or prosecution of that other complaint, and
(b) a complaint that has been discontinued or terminated.
(a) the person making a complaint, except as provided by paragraph (b), or
(b) the client on whose behalf a complaint is made if the complaint is made by a person chosen by the client as his or her representative for the purpose of making the complaint.
(a) the making of a prohibition order in relation to a health practitioner or a relevant health organisation, and
(b) the issue of a statement under section 41A in relation to a health practitioner or under section 45C in relation to a relevant health organisation.
(a) a responsible tribunal,
(b) a Professional Standards Committee.
(a) the Health Practitioner Regulation National Law—
(i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and
(ii) as it applies (including with any modifications) as a law of New South Wales or another State or Territory, or
(b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a).
(a) medical, hospital, nursing and midwifery services,
(b) dental services,
(c) mental health services,
(d) pharmaceutical services,
(e) ambulance services,
(f) community health services,
(g) health education services,
(h) welfare services necessary to implement any services referred to in paragraphs (a)–(g),
(i) services provided in connection with Aboriginal and Torres Strait Islander health practices and medical radiation practices,
(j) Chinese medicine, chiropractic, occupational therapy, optometry, osteopathy, physiotherapy, podiatry and psychology services,
(j1) optical dispensing, dietitian, massage therapy, naturopathy, acupuncture, speech therapy, audiology and audiometry services,
(k) services provided in other alternative health care fields,
(k1) forensic pathology services,
(l) a service prescribed by the regulations as a health service for the purposes of this Act.
(a) a public health organisation within the meaning of the Health Services Act 1997,
(b) a public hospital within the meaning of the Health Services Act 1997,
(c) a private health facility licensed under the Private Health Facilities Act 2007,
(d) an organisation or class of organisation prescribed by the regulations for the purposes of this definition.
The Interpretation Act 1987 defines person to include an individual, a corporation and a body corporate or politic.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
This Act binds the Crown.
Notes and charts appearing in this Act are explanatory notes and do not form part of this Act. They are provided to assist understanding.
A complaint may be made under this Act concerning—
(a) the professional conduct of a health practitioner (including any alleged breach by the health practitioner of Division 1 or 3 of Part 7 of the Public Health Act 2010 or of a code of conduct prescribed under section 100(1)(a) or (b) of that Act), or
(a1) an alleged breach by a relevant health organisation of Division 1 or 3 of Part 7 of the Public Health Act 2010 or of a code of conduct prescribed under section 100(1)(c) of that Act, or
(b) a health service which affects, or is likely to affect, the clinical management or care of an individual client.
A complaint may be made against a health service provider.
A complaint may be made against a health service provider even though, at the time the complaint is made, the health service provider is not qualified or entitled to provide the health service concerned.
A complaint may be made by any person including, in particular, the following—
• the client concerned
• a parent or guardian of the client concerned
• a person chosen by the client concerned as his or her representative (including an Australian legal practitioner) for the purpose of making the complaint
• a health service provider
• a member of Parliament
• the Health Secretary
• the Minister.
The Commissioner may make a complaint under this Act, but only if it appears to the Commissioner that the matter that is the subject of the complaint—
(a) raises a significant issue of public health or safety, or
(b) raises a significant question regarding a health service that affects, or is likely to affect, the clinical management or care of an individual client, or
(c) if substantiated, would—
(i) provide grounds for disciplinary action against a health practitioner or relevant health organisation, or
(ii) be found to involve gross negligence on the part of a health practitioner, or
(iii) result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010.
The provisions of this Part apply to the making of a complaint by the Commissioner, subject to any modifications prescribed by the regulations.
A complaint is made by lodging the complaint in writing with the Commission.
The complaint is to include particulars of the allegations on which it is founded.
It is the duty of staff of the Commission to help a person to make a complaint if the person requests assistance to do so.
This section does not prevent a person who wishes to make a complaint from first talking to the Commission about it. However, a complaint cannot be acted on until it is put in writing.
It is an offence under section 99 to furnish information to the Commission for the purposes of this Act that is false or misleading in a material particular and under section 97A to furnish such information to the Commissioner or staff of the Commission.
If a complaint made under this Act to the Commission is made against or directly involves a health practitioner who is or has been a registered health practitioner, the Commission must notify the appropriate professional council of the complaint.
The complaint is to be so notified as soon as practicable after it is made.
If, in accordance with the Health Practitioner Regulation National Law (NSW), a professional council notifies the Commission of a complaint made under that Law, the complaint is taken to have been made in accordance with this Act to the Commission.
Before determining, as a result of the assessment of a complaint, whether to investigate a complaint, to refer the complaint for conciliation, to deal with the complaint under Division 9 or to discontinue dealing with the complaint, the Commission must consult with the appropriate professional council (if any), subject to this section.
If it is proposed, as a result of the assessment of a complaint, to refer the complaint for conciliation, the Commission must also consult with the Registrar.
The regulations may prescribe circumstances, such as cases of urgency, where the Commission may consult with a prescribed person on behalf of the appropriate professional council instead of consulting with the professional council itself and where the prescribed person may exercise the other functions of the professional council under this Division.
Consultation under this section is to include consultation about any associated complaint, to the extent the Commission and the appropriate professional council or the Registrar consider the associated complaint to be relevant.
If either the Commission or the appropriate professional council is of the opinion that a complaint (or any part of a complaint) should be investigated, it must be investigated.
If—
(a) neither the Commission nor the appropriate professional council is of the opinion that the complaint (or part) should be investigated, but
(b) either is of the opinion that it should be referred to the professional council for consideration as to whether the professional council should take any action under the Health Practitioner Regulation National Law (NSW) (such as performance assessment or impairment assessment),
it must be referred to the professional council under section 25B.
If either the Commission or the appropriate professional council is of the opinion that an associated complaint that has been discontinued or terminated and to which regard was given during consultation—
(a) should be reopened or investigated—the complaint must be reopened and investigated in accordance with Division 5, or
(b) should be referred to the appropriate professional council for consideration as to whether the professional council should take any action under the Health Practitioner Regulation National Law (NSW)—the complaint must be so referred,
as if it had not been discontinued or terminated.
If—
(a) neither the Commission nor the appropriate professional council is of the opinion that the complaint (or part) should be investigated or referred to the professional council, but
(b) either is of the opinion that it should be referred for conciliation and the Registrar considers that it is appropriate for conciliation,
the Commission is to refer the complaint for conciliation under Division 8.
A professional council must not take any action under the Health Practitioner Regulation National Law (NSW) concerning a complaint while it is subject to investigation by the Commission or is being dealt with under Division 8 or 9.
However, subsection (1) does not limit the powers of a professional council to take action under the Health Practitioner Regulation National Law (NSW), Part 8, Division 3, Subdivision 7.
Under the Health Practitioner Regulation National Law (NSW), Part 8, Division 3, Subdivision 7, a professional council must, in certain circumstances, take action for the protection of the public.
A professional council for a particular health profession may, at any time, request information from the Commission concerning a specified complaint that is made against or directly involves a health practitioner who is or has been registered in that health profession.
The Commission must supply the information requested if it is reasonable to do so.
Division 2 enables the professional councils and the Commission to act in collaboration with each other. The Division will allow complete information sharing between the two arms in the disciplinary system, with a decision to investigate a complaint being made only after there has been consultation between the Commission and the appropriate professional council. Where a disagreement occurs as to the appropriate action, both bodies will retain the ability to refer the matter for investigation, thus creating an internal checking method for all decisions which may result in disciplinary action. This two-pronged system will also apply to decisions to refer complaints for conciliation and will involve the Registrar in the consultation process.
The Commission must give written notice of the making of a complaint, the nature of the complaint and the identity of the complainant to the person against whom the complaint is made. The notice must be given not later than 14 days after the Commission’s assessment of the complaint under Division 4.
If the Commission has assessed the complaint, the notice is to include the notice required to be given to the person under section 28.
The Commission may give a copy of the complaint to the person against whom the complaint is made.
This section does not require the Commission to give notice under this section if it appears to the Commission, on reasonable grounds, that the giving of the notice will or is likely to—
(a) prejudice the investigation of the complaint, or
(b) place the health or safety of a client at risk, or
(c) place the complainant or another person at risk of intimidation or harassment.
Despite subsection (4), the Commission must give the notice if the Commission considers on reasonable grounds that—
(a) it is essential, having regard to the principles of natural justice, that the notice be given, or
(b) the giving of the notice is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.
If the Commission decides that subsection (4) applies to a complaint but that some form of notice could be given of the complaint without affecting the health or safety of a client or putting any person at risk of intimidation or harassment, the Commission may give such a form of notice.
On the expiration of each consecutive period of 60 days after the complaint is assessed, the Commission must undertake a review of a decision not to give notice under this section (or to give notice in some other form as referred to in subsection (6)) unless notice under this section has already been given or the Commission has discontinued dealing with the complaint.
The Commission must give written notice of the making of a complaint, the nature of the complaint and the identity of the complainant to a person who currently employs or engages the health practitioner concerned as a health practitioner if the Commission considers on reasonable grounds that the giving of the notice is necessary—
(a) to assess the matter effectively, or
(b) to protect the health or safety of the public or a member of the public.
This section does not require the Commission to give notice under this section if it appears to the Commission, on reasonable grounds, that the giving of the notice will—
(a) place the complainant or another person at risk of intimidation or harassment, or
(b) unreasonably prejudice the employment or engagement of the health practitioner.
On receiving a complaint against a health organisation, the Commission must give written notice of the making of the complaint, the nature of the complaint and the identity of the complainant to the Health Secretary.
A complainant may withdraw the complainant’s complaint at any time—
(a) by written notice to the Commission, or
(b) if the Commission considers it appropriate to accept the withdrawal of the complaint orally—by oral notice to the Commission.
If the Commission accepts the withdrawal of a complaint orally, the Commission must, as soon as practicable after receiving the oral notice, make a written record of the complaint having been withdrawn.
On the withdrawal of a complaint, the Commission may cease to deal with it but must continue to deal with the matter the subject of the complaint if it appears to the Commission that—
(a) the matter raises a significant issue of public health or safety, or
(b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or
(c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation, or
(d) the matter, if substantiated, would involve gross negligence on the part of a health practitioner, or
(e) the matter, if substantiated, would result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010.
On its receipt by the Commission, a complaint is to be assessed.
This section does not apply to a matter that is to be investigated in accordance with section 59.
The assessment of a complaint is for the purpose of deciding whether—
• the complaint should be investigated
• the complaint should be conciliated or dealt with under Division 9
• the complaint should be referred to the Health Secretary in accordance with section 25 or 25A
• the complaint should be referred to another person or body in accordance with section 25B or 26
• the Commission should decline to entertain the complaint.
Unless the Commission decides to decline to entertain a complaint, the Commission is, as part of its assessment of the complaint and as soon as practicable after commencing its assessment—
(a) to identify the specific allegations comprising the complaint and the person or persons whose conduct appears to be the subject of the complaint, and
(b) to use its best endeavours to confirm with the complainant and with any other person who provided relevant information in relation to the complaint that the matters so identified accord with the information provided by them.
The Commission is to keep under review its assessment of a complaint while it is dealing with the complaint.
At any time while dealing with a complaint (including during or at the end of the investigation of a complaint) and after consultation with the appropriate professional council, the Commission may revise its assessment of the complaint and take any of the following actions—
(a) deal with the complaint under Division 9,
(b) refer the complaint for conciliation,
(c) investigate the complaint,
(d) refer the complaint to the Health Secretary in accordance with section 25 or 25A,
(e) refer the complaint to another person or body in accordance with section 25B or 26,
(f) change the person whose conduct appears to be the subject of the complaint or include another person as a person whose conduct appears to be the subject of the complaint,
(g) add to, substitute, amend or delete any of the specific allegations comprising the complaint (including add an allegation arising out of an investigation of the complaint that may not be the particular object of the complaint).
Section 56 limits the Commission’s power to investigate a matter that has been dealt with under Division 8.
If the Commission revises its assessment of a complaint to include another person as referred to in subsection (2) (f), sections 16 and 28 apply to the giving of notice to that person as if a reference in those sections to the assessment of the complaint were a reference to the revision of the assessment under this section.
If the Commission revises its assessment of a complaint and as a result determines that the conduct of a person previously being investigated by the Commission will no longer be investigated or that different conduct of the person will be investigated, the Commission is to give the person notice in writing that the person’s conduct is no longer under investigation or that other conduct of the person is now under investigation (as appropriate).
In this section,
For the purposes of the assessment, the Commission may require the complainant to provide further particulars of the complaint within such time, not exceeding 60 days, as may be specified by the Commission.
If the Commission is assessing a complaint and is of the opinion that a person is capable of giving information, producing documents (including medical records) or giving evidence that would assist in the assessment, the Commission may, by written notice given to the person, require the person to do any one or more of the following—
(a) to give the Commission, in writing signed by the person (or, in the case of a corporation, by a competent officer of the corporation), and within the reasonable time and in the way specified in the notice, any such information of which the person has knowledge,
(b) to produce to the Commission, in accordance with the notice, any such documents,
(c) to appear before the Commissioner, or a member of staff of the Commission authorised by the Commissioner, at a time and place specified in the notice that is reasonable and give any such evidence, either orally or in writing, and produce any such documents.
Information and documents may be given or provided to the Commission in compliance with this section despite any other Act or law (but not despite a provision of Division 8 of this Part or Division 6B of Part 2 or Part 2A of the Health Administration Act 1982).
A person who is subject to a requirement under subsection (1) must not, without reasonable excuse, fail to comply with the requirement.
Maximum penalty—200 penalty units.
Failure of a health practitioner to comply with subsection (3) may constitute unsatisfactory professional conduct under the Health Practitioner Regulation National Law (NSW).
The Commission must carry out its assessment of a complaint—
(a) within 60 days after receiving the complaint, or
(b) if, under section 21, the Commission has required the complainant to provide further particulars of the complaint, within 60 days after the date by which the Commission specified that those particulars were to be provided.
In assessing, and reviewing its assessment of, a complaint relating to a health practitioner or a health organisation, the Commission is to have regard to any of the following matters, to the extent the Commission reasonably considers the matter to be relevant to the complaint—
(a) any associated complaint,
(b) if the complaint relates to a health practitioner—
(i) any decision made in respect of the practitioner by an adjudication body within the meaning of the Health Practitioner Regulation National Law (NSW), and
(ii) any previous finding, determination, recommendation or decision made in respect of the practitioner by a committee, tribunal or panel under a repealed Act.
In this section,
(a) Chiropractors Act 2001,
(b) Dental Practice Act 2001,
(c) Dental Technicians Registration Act 1975,
(d) Medical Practice Act 1992,
(e) Nurses and Midwives Act 1991,
(f) Optometrists Act 2002,
(g) Osteopaths Act 2001,
(h) Pharmacy Practice Act 2006,
(i) Physiotherapists Act 2001,
(j) Podiatrists Act 2003,
(k) Psychologists Act 2001.
The Commission must investigate a complaint—
(a) if, under section 13 (1), the appropriate professional council is of the opinion that the complaint should be investigated, or
(b) if, following assessment of the complaint, it appears to the Commission that the complaint—
(i) raises a significant issue of public health or safety, or
(ii) raises a significant question as to the appropriate care or treatment of a client by a health service provider, or
(iii) if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation, or
(iv) if substantiated, would involve gross negligence on the part of a health practitioner, or
(v) if substantiated, would result in the health practitioner or relevant health organisation being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010.
A complaint is to be investigated in accordance with Division 5.
(Repealed)
The Commission may investigate a complaint despite any agreement the parties to the complaint may have reached concerning the complaint.
The Commission must refer a complaint for conciliation under Division 8 if it is required to do so under section 13 (3) or if it decides to do so under section 20A.
The Commission may deal with a complaint under Division 9 if the complaint is not required to be investigated, referred to a professional council under section 25B or referred for conciliation.
The Commission may at any time during the assessment of a complaint take any action referred to in section 58C with respect to the complaint without the need for consultation with the appropriate professional council.
However, subsection (3) does not affect the requirement in section 12 (1) for the Commission to consult with the appropriate professional council before making a determination on how a complaint should be dealt with as a result of an assessment of the complaint.
Following the assessment, the Commission must notify the Health Secretary of the details of the complaint if it appears to the Commission that the complaint involves a possible breach of any of the following Acts, or specified provisions of Acts, or any regulations made under them—
• Anatomy Act 1977
• Assisted Reproductive Technology Act 2007
• Health Administration Act 1982
• Health Records and Information Privacy Act 2002, section 68, 69 or 70
• Health Services Act 1997
• Human Tissue Act 1983
• Mental Health Act 2007
• Poisons and Therapeutic Goods Act 1966
• Private Health Facilities Act 2007
• Public Health Act 2010
The Commission is not required to notify the Health Secretary of the details of the complaint if the complaint was made by the Health Secretary.
The Health Secretary must notify the Commission whether the Health Secretary proposes to deal with the complaint and, if the Health Secretary does so, of the outcome of the Health Secretary’s dealing with the complaint.
This section does not prevent the Commission from dealing with a complaint (or any part of a complaint) in so far as it concerns—
(a) the professional conduct of a health practitioner, or
(b) a health service which affects, or is likely to affect, the clinical management or care of an individual client.
The Health Secretary, under the Minister, is primarily responsible for the enforcement of the Acts listed in section 25 (other than Division 3 of Part 7 of the Public Health Act 2010). Accordingly, complaints arising under those Acts are to be referred to the Department of Health for possible action. Accountability will be maintained through obligations imposed on the Health Secretary to notify the Commission of the outcome.
However, the section ensures that the Commission may continue to pursue questions that are not dealt with by the Health Secretary as well as questions that concern the professional conduct of health practitioners and the clinical management or care of individual clients.
The Commission may, with the consent of the Health Secretary, refer a complaint (or part of a complaint) to the Health Secretary if the Commission is of the opinion that the complaint (or part) relates to a matter that could be the subject of an inquiry by the Health Secretary under section 106 of the Public Health Act 2010 or section 123 of the Health Services Act 1997.
Despite section 27 (3), the Commission must discontinue dealing with a complaint (or part) under that section that has been referred to the Health Secretary under this section.
However, the Commission may continue dealing with a complaint (or any part of a complaint) in so far as it concerns—
(a) the professional conduct of a health practitioner, or
(b) a health service which affects, or is likely to affect, the clinical management or care of an individual client.
Following the assessment, the Commission may refer a complaint to the appropriate professional council (after consultation with that council) if it appears that the complaint (or part) should be referred to the professional council for consideration as to whether the professional council should take any action under the Health Practitioner Regulation National Law (NSW), such as performance assessment or impairment assessment.
Section 13 (2) requires the Commission to refer a complaint to the professional council if either the Commission or the professional council is of the opinion that it should be referred.
Despite section 27 (3), the Commission must discontinue dealing with a complaint (or part) under that section that has been referred to a professional council under this section.
Following the assessment, the Commission may refer a complaint (or any part of a complaint)—
(a) to an appropriate public health organisation or the licensee of a private health facility if it appears that the complaint (or part) may be capable of resolution at a local level and the public health organisation or licensee consents, or
(b) to a person or body, other than a public health organisation, the licensee of a private health facility or a professional council, if it appears that—
(i) the complaint (or part) raises issues which require investigation by the person or body, or
(ii) the person or body is able to take some other appropriate action regarding the complaint (or part).
However, the Commission must continue to deal with the matter the subject of the complaint (or part) if it appears to the Commission that—
(a) the matter raises a significant issue of public health or safety, or
(b) the matter raises a significant question as to the appropriate care or treatment of a client by a health service provider, or
(c) the matter, if substantiated, would provide grounds for disciplinary action against a health practitioner or relevant health organisation.
A public health organisation or the licensee of a private health facility to which a complaint (or part) is referred under this section may refer the complaint (or part) back to the Commission if it is unable to resolve it or the public health organisation or licensee considers that the matter is appropriate to be dealt with under Division 8 or 9.
If a complaint (or part) has been referred back to the Commission under subsection (3), the Commission must assess the complaint (or part) again in accordance with this Division.
The Commission may not refer a complaint (or part) to the Health Secretary under this section.
The Commission may refer a complaint to the Health Secretary under section 25 or 25A but only with the consent of the Health Secretary.
In this section—
Following the assessment, the Commission may discontinue dealing with a complaint (or any part of a complaint) for any one or more of the following reasons—
(a) the complaint (or part) is frivolous, vexatious or not made in good faith,
(b) the subject-matter of the complaint (or part) is trivial or does not warrant investigation or conciliation or the Commission dealing with it under Division 9,
(c) the subject-matter of the complaint (or part) has been or is under investigation by some other competent person or body or has been or is the subject of legal proceedings,
(d) the complaint (or part) has been referred by the Commission to another person or body for investigation or for consideration of other action (including, for example, performance assessment or impairment assessment under the Health Practitioner Regulation National Law (NSW)),
(e) there is or was, in relation to the matter complained of, a satisfactory alternative means of dealing with the matter by the complainant and the complainant does not have a sufficient reason for not pursuing that alternative means,
(f) the complaint (or part) relates to a matter which occurred more than 5 years before the complaint was made and the complainant does not have a sufficient reason for having delayed the making of the complaint,
(g) the complainant has failed, without sufficient reason, to provide further particulars of the complaint (or part) within the time specified by the Commission,
(h) the complaint (or part) concerns a matter that falls within the responsibility of the Commonwealth.
This section does not exhaust the circumstances in which the Commission may discontinue dealing with a complaint (or part).
The Commission must not discontinue dealing with a complaint (or part) under this section if it appears to the Commission that the complaint (or part) raises a significant issue of public health or safety.
If the Commission discontinues dealing with a complaint (or part) under this section, the complaint (or part) is terminated.
The Commission must give the parties to the complaint notice in writing of the action taken or decision made by the Commission following its assessment of the complaint. The notice is to be given within 14 days after the Commission takes that action or makes that decision.
If the Commission decides to investigate a complaint against a health practitioner, the Commission must give notice in writing of the decision—
(a) if the health practitioner has provided the health service in respect of which the complaint is made under a contract or agreement with a person who is, or who conducts, a hospital or other health care facility, to the person, or
(b) if the health practitioner has provided the health service in the capacity of an employee, to the health practitioner’s employer.
If the Commission decides to investigate a complaint against a health practitioner, the Commission may give notice in writing of the decision to a person who currently employs or engages the health practitioner as a health practitioner.
This section does not require the Commission to give notice of action taken or a decision made to investigate a complaint if it appears to the Commission, on reasonable grounds, that the giving of the notice will—
(a) prejudice the investigation of the complaint, or
(b) place the health or safety of a client at risk, or
(c) place the complainant or another person at risk of intimidation or harassment, or
(d) unreasonably prejudice the employment of the health practitioner in the case of a health practitioner who has provided the health service in the capacity of an employee.
Despite subsection (4), the Commission must give the notice if the Commission considers on reasonable grounds that—
(a) it is essential, having regard to the principles of natural justice, that the notice be given, or
(b) the giving of the notice is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.
If the Commission decides that subsection (4) applies to a complaint but that some form of notice could be given of the complaint without affecting the health or safety of a client or putting any person at risk of intimidation or harassment, the Commission may give such a form of notice.
On the expiration of each consecutive period of 60 days after the Commission has decided to investigate a complaint, the Commission must undertake a review of a decision not to give notice under this section (or to give notice in some other form as referred to in subsection (6)), unless notice under this section has already been given or the Commission has discontinued dealing with the complaint.
The Commission’s notice to the parties to the complaint must include—
(a) advice that the complainant may ask the Commission to review the decision made after assessing the complaint if the decision is—
(i) not to investigate the complaint, or
(ii) to refer the complaint to the Health Secretary under section 25 or 25A, or
(iii) to refer the complaint to another person or body under section 25B or 26, or
(iv) to discontinue dealing with the complaint under section 27, and
(b) the reasons for the decision.
The Commission may review a decision made after assessing a complaint if requested to do so by the complainant, and must do so if the request is made within 28 days after the complainant is notified of the decision.
A complainant also has the right under section 41 (3) to request a review of a decision made by the Commission under section 39 at the end of its investigation of a complaint.
The Commission is to use its best endeavours to give notification of the outcomes of the assessment of a complaint to a client whose treatment is the subject of the complaint and who is not required to be given notice under section 28 unless the client—
(a) is deceased, or
(b) is incapable of understanding the notification.
If a complaint relates to the treatment of a client at a hospital or other health care facility, the Commission is to use its best endeavours to give notification of the outcomes of the assessment of the complaint to any person recorded by the hospital or health care facility as being a contact for the client.
Without affecting the Commission’s obligations under subsections (1) and (2), the Commission may, if it thinks it appropriate and it is practicable to do so, give notification of the outcomes of the assessment of a complaint to any person who is associated with a client whose treatment is the subject of the complaint (including a legal representative of the client or of the estate of the client).
The Commission may only give notification to a person under subsection (2) or (3) if the client concerned—
(a) is deceased, or
(b) is incapable of understanding the notification and the client’s authorised representative (as defined in section 8 of the Health Records and Information Privacy Act 2002) has consented to the Commission giving the notification.
On request by the Commission, a person who is, or who conducts, a hospital or health care facility is to supply the Commission with any information in its possession that is necessary for the Commission to fulfil its obligations under subsections (1) and (2). The information may be provided to the Commission despite any other Act or law.
This section does not require the Commission to give notice of the outcomes of the assessment of a complaint if it appears to the Commission, on reasonable grounds, that the giving of the notice will—
(a) prejudice the investigation of the complaint, or
(b) place the health or safety of a client at risk, or
(c) place the complainant or another person at risk of intimidation or harassment, or
(d) unreasonably prejudice the employment of the health practitioner in the case of a health practitioner who has provided the health service in the capacity of an employee.
Despite subsection (6), the Commission must give the notice if the Commission considers on reasonable grounds that—
(a) it is essential, having regard to the principles of natural justice, that the notice be given, or
(b) the giving of the notice is necessary to investigate the matter effectively or it is otherwise in the public interest to do so.
If the Commission decides that subsection (6) applies to a complaint but that some form of notice could be given of the complaint without affecting the health or safety of a client or putting any person at risk of intimidation or harassment, the Commission may give that form of notice.
On the expiration of each consecutive period of 60 days after the Commission has decided to investigate a complaint, the Commission must undertake a review of a decision not to give notice under this section (or to give notice in some other form as referred to in subsection (8)), unless notice under this section has already been given or the Commission has discontinued dealing with the complaint.
The bulk of Commission investigations under this Division will deal with matters arising under the Health Practitioner Regulation National Law (NSW) relating to health practitioners. The Commission will also use its powers under this Division for matters relating to non-registered health practitioners and for other matters referred to it, such as a matter which is referred for investigation under section 59, or where the Commission is operating in conjunction with the Department of Health under general health legislation.
The investigation of a complaint by the Commission is for the purpose of obtaining information concerning the matter complained of and to determine what action should be taken in respect of the complaint.
(Repealed)
Without affecting the generality of section 92A, the investigation of a complaint is to be conducted as expeditiously as the proper investigation of the complaint permits. Expedition is particularly appropriate if the complainant or the person on whose behalf the complaint is made is seriously ill.
Before investigating a complaint, the Commission is to consider conducting a concurrent investigation into any associated complaint (other than one that has been discontinued or terminated and not reopened).
In investigating a complaint, the Commission is to have regard to any associated complaint that is not being investigated concurrently, to the extent the Commission considers the associated complaint to be relevant.
(Repealed)
The Commission may authorise an officer of the Commission, in writing, to exercise the functions under section 33.
The Commission must provide an authorised person with a certificate of authority in the form set out in Schedule 1.
An authorised person in exercising in any place a function conferred on the authorised person under section 33 must, if so requested by a person apparently in charge of the place, produce the certificate to the person.
An authorised person may not enter a part of premises used solely for residential purposes and exercise a function under section 33 except—
(a) with the consent of the occupier of the premises, or
(b) under the authority of a search warrant.
An authorised person may, for the purpose of investigating a complaint, do any one or more of the following—
(a) at any reasonable time, enter and inspect any premises if the authorised person reasonably believes it is necessary to enter those premises for the purpose of investigating the matter with which the complaint is concerned,
(b) examine, seize, retain or remove any equipment that the authorised person reasonably believes is, has been or may be used in connection with that matter,
(c) require the production of and inspect any stocks of any substance or drugs in or about those premises,
(c1) seize any stocks of any substance or drugs in or about those premises,
(d) require any person within those premises to produce any records in the possession or under the control of that person relating to that matter,
(e) take copies of, or extracts or notes from, any such records,
(f) (Repealed)
(f1) remove any such records for the purposes of taking copies of, or notes from, those records.
(g) require any person at those premises to answer questions or otherwise furnish information in relation to that matter,
(h) require the owner or occupier of those premises to provide the authorised person with such assistance and facilities as is or are reasonably necessary to enable the authorised person to exercise the functions of an authorised person under this section.
If an authorised person removes any records for the purposes of taking copies of, or notes from, those records, the authorised person must return the records to the owner of the records as soon as practicable.
An authorised person may apply to an authorised officer for a search warrant if the person has reasonable grounds for believing that entry to premises is necessary for the purpose of investigating a complaint that, if substantiated, may provide grounds for—
(a) the suspension or disqualification (by deregistration or cancellation of enrolment) of the person against whom the complaint is made, or
(b) the criminal prosecution of that person, or
(c) the taking of other disciplinary action against that person.
An authorised person may not apply for a search warrant to search premises for the purpose of investigating a complaint against a health practitioner who is or was, at the relevant time, a registered health practitioner or a student (or whose registration is or was suspended) unless the authorised person or the Commission has caused the President or Chairperson of the appropriate professional council to be notified of the application.
An authorised officer to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised person named in the search warrant to enter the premises and to exercise there the functions of an authorised person under section 33.
Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
In this section—
If the Commission is investigating a complaint and is of the opinion that a person is capable of giving information, producing documents (including medical records) or giving evidence that would assist in the investigation, the Commission may, by notice in writing given to the person, require the person to do any one or more of the following—
(a) to give the Commission, by writing signed by the person (or, in the case of a corporation, by a competent officer of the corporation) and within such time as is reasonable, and in the manner, specified in the notice, any such information of which the person has knowledge,
(b) to produce to the Commission, in accordance with the notice, any such documents,
(c) to appear before the Commissioner or a member of staff of the Commission authorised by the Commissioner at a time and place specified in the notice that is reasonable and give any such evidence, either orally or in writing, and produce any such documents.
(Repealed)
Information and documents may be given or provided to the Commission in compliance with this section despite any other Act or law (but not despite a provision of Division 8 of this Part or Division 6B of Part 2 or Part 2A of the Health Administration Act 1982).
A person who is subject to a requirement under subsection (1) must not, without reasonable excuse, fail to comply with the requirement.
Maximum penalty—200 penalty units.
Failure of a health practitioner to comply with a requirement under subsection (4) may constitute unsatisfactory professional conduct under the Health Practitioner Regulation National Law (NSW).
(Repealed)
A person is not excused from a requirement under section 21A or 34A to give information, to answer a question or to produce a document on the ground that the information, answer or document might incriminate the person or make the person liable to a penalty.
However, any information or answer given by a natural person in compliance with a requirement under section 21A or 34A is not admissible in evidence against the person in any civil or criminal proceedings (except disciplinary proceedings or proceedings for an offence under this Part or under section 97A or 97B) if—
(a) the person objected at the time to doing so on the ground that it might incriminate the person, or
(b) the person was not warned on that occasion that the person may object to giving the information or answer on the ground that it might incriminate the person.
Any document produced by a person in compliance with a requirement under section 21A or 34A is not inadmissible in evidence against the person in any proceedings on the ground that the document might incriminate the person.
Further information obtained as a result of a document produced or information or answer given in compliance with a requirement under section 21A or 34A is not inadmissible in any proceedings on the ground—
(a) that the document, information or answer had to be produced or given, or
(b) that the document, information or answer might incriminate the person.
The Commission, the Commissioner or a member of staff of the Commission cannot be required (whether by subpoena or any other procedure) to produce, in connection with any proceedings, a document that contains any information or answer that has been obtained as a result of a requirement under section 21A or 34A if the information or answer is not admissible in evidence in those proceedings because of this section.
The Commission must notify the appropriate professional council (if any) of the findings of an investigation.
If the Commission is required to consult with the professional council under section 39 (2), the notification may be given at the time of consultation.
At the end of the investigation of a complaint against a health practitioner, the Commission must do one or more of the following—
(a) refer the complaint to the Director of Proceedings,
(b) (Repealed)
(c) refer the complaint to the appropriate professional council (if any) for consideration of the taking of action under the Health Practitioner Regulation National Law (NSW), such as the referral of the health practitioner for performance assessment or impairment assessment,
(d) make comments to the health practitioner on the matter the subject of the complaint,
(e) terminate the matter,
(f) refer the matter the subject of the complaint to the Director of Public Prosecutions,
(g) take action under section 41A.
The Commission is not required to take action under this section if it reviews its assessment of the complaint and takes action under section 20A.
The Commission must consult with the appropriate professional council, if any, before deciding what action to take.
(Repealed)
If, at the end of the investigation of a complaint against a health practitioner, the Commission proposes to do any of the things referred to in section 39 (1) (a), (c), (d) or (g), it must first inform the health practitioner of the substance of the grounds for its proposed action and give the health practitioner an opportunity to make submissions.
Any such submission must be made in writing within 28 days after the health practitioner is so informed.
The Commission is not required by this section to inform a health practitioner of the substance of the grounds for its proposed action if—
(a) the grounds relate to the sufficiency of the physical or mental capacity of the practitioner to practise as a health practitioner under the impairment provisions of the Health Practitioner Regulation National Law (NSW), and
(b) the practitioner has been notified by the appropriate professional council of action to be taken pursuant to those provisions.
Section 40 (3) will ensure that professional councils can act to deal with impaired practitioners pursuant to any powers they may have under the Health Practitioner Regulation National Law (NSW), without awaiting advice from the Commission.
After the Commission has complied with section 39 and any requirement under section 40, it must notify the parties to the complaint and the appropriate professional council, in writing, of the results of the investigation, the action taken under section 39 and the reasons for taking that action and include advice that the complainant may ask the Commission to review the decision made under section 39.
The Commission may, at its discretion, also provide the same information to—
(a) an appropriate professional or similar association, if there is no appropriate professional council, or
(b) any person or body it could have referred the matter to under section 26 if it is of the view that the matter requires investigation by that person or body, or
(c) any person to whom it could have given notice under section 28A of its assessment of the complaint, or
(d) any other person or body that is, in the Commission’s opinion, a relevant person or body.
The Commission must review a decision made under section 39 if asked to do so by the complainant.
The Commission may, during any investigation of a complaint against a non-registered health practitioner, make an interim prohibition order in respect of the non-registered health practitioner.
The Commission may make an interim prohibition order only if—
(a) it has a reasonable belief that the health practitioner has breached a code of conduct for non-registered health practitioners, and
(b) it is of the opinion that—
(i) the health practitioner poses a serious risk to the health or safety of members of the public, and
(ii) the making of an interim prohibition order is necessary to protect the health or safety of members of the public.
An interim prohibition order may do one or both of the following—
(a) prohibit the health practitioner from providing health services or specified health services,
(b) place such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner.
An interim prohibition order remains in force for a period of 8 weeks or such shorter period as may be specified in the order.
The Commission must notify the health practitioner of its decision to make an interim prohibition order and provide the health practitioner with a written statement of the decision that sets out the grounds on which the decision was made as soon as practicable after the decision is made.
In this section,
The Commission may take action under this section if—
(a) it has complied with Division 6 with respect to an investigation of a complaint against a health practitioner, and
(b) it finds that the health practitioner has breached a code of conduct for non-registered health practitioners or has been convicted of a relevant offence, and
(c) it is of the opinion that the health practitioner poses a risk to the health or safety of members of the public.
The action that the Commission may take under this section is either or both of the following—
(a) make a prohibition order that does any one or more of the following—
(i) prohibits the health practitioner from providing health services or specified health services for the period specified in the order or permanently,
(ii) places such conditions as the Commission thinks appropriate on the provision of health services or specified health services by the health practitioner for the period specified in the order or permanently,
Note— Section 102 (3) of the Public Health Act 2010 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.
(b) cause a public statement to be issued in a manner determined by the Commission identifying and giving warnings or information about the health practitioner and health services provided by the health practitioner.
If the Commission is aware that a person in respect of whom it is proposing to make a prohibition order is a registered health practitioner, the Commission is, before making the prohibition order, to notify the appropriate professional council of the proposed order and give that council an opportunity to make a submission.
The Commission may revoke or revise a statement under subsection (2) (b).
In this section—
(a) an offence under Part 7 of the Public Health Act 2010, or
(b) an offence under the Fair Trading Act 1987 or the Competition and Consumer Act 2010 of the Commonwealth that relates to the provision of health services.
If the Commission makes any of the following decisions in respect of a health practitioner under section 41A, it must provide the health practitioner with a written statement of the decision as soon as practicable after the decision is made—
(a) a decision that the health practitioner has breached a code of conduct for non-registered health practitioners,
(b) a decision to make a prohibition order in respect of the health practitioner,
(c) a decision to issue, revoke or revise a public statement about the health practitioner under section 41A.
The statement of a decision must—
(a) set out any findings on material questions of fact, and
(b) refer to any evidence or other material on which the findings were based, and
(c) give the reasons for the decision.
The Commission, subject to subsections (4) and (5)—
(a) must provide a statement of the decision to the complainant, and
(b) must provide a statement of the decision to any professional body or association that the Commission considers to be relevant to the health practitioner or to the area of practice to which the complaint relates, and
(c) may make a statement of the decision publicly available.
The Commission may remove from a statement of a decision that is provided to a person or body, or made publicly available, under subsection (3), any material that it considers to be confidential information.
When confidential material is not included in the statement of a decision the statement should indicate that such material has been removed.
This section does not affect the power of a court to make an order for the discovery of documents or to require the giving of evidence or the production of documents to a court.
In this section—
(a) has not previously been published or made available to the public when a written statement of a decision to which it is or may be relevant is being prepared, and
(b) relates to the personal or business affairs of a person, other than the person to whom the Commission is required to provide the written statement of the decision, and
(c) is information—
(i) that was supplied in confidence, or
(ii) the publication of which would reveal a trade secret, or
(iii) that was provided in compliance with a duty imposed by or under an Act, or
(iv) the provision of which by the Commission would be in breach of an Act or law.
A health practitioner may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions under section 41AA or 41A—
(a) a decision that the health practitioner has breached a code of conduct for non-registered health practitioners,
(b) a decision to make an interim prohibition order or a prohibition order in respect of the health practitioner,
(c) a decision to issue, revoke or revise a public statement about the health practitioner.
An application under this section is to be made within 28 days after the day on which the health practitioner is provided with the statement of the decision.
If the Commission makes an interim prohibition order under section 41AA or a prohibition order under section 41A in respect of a health practitioner, it is to provide a copy of the statement of the decision in respect of that order to each registration authority and professional council.
The Commission is to—
(a) keep a register containing copies of all prohibition orders and interim prohibition orders in force under this Division, and
(b) cause the contents of the register to be made available for inspection free of charge by the public on the Commission’s website.
At the end of the investigation of a complaint against a health organisation, the Commission must—
(a) terminate the matter, or
(b) make recommendations or comments to the health organisation on the matter the subject of the complaint, or
(c) refer the matter the subject of the complaint to the Director of Public Prosecutions, or
(d) take action under section 45C.
If the Commission makes recommendations or comments, it must prepare a report on the matter for the Health Secretary.
The report must include—
(a) the reasons for its conclusions, and
(b) the reasons for any action recommended to be taken.
If, at the end of the investigation of a complaint against a health organisation, the Commission proposes to make recommendations or comments to the health organisation on the matter the subject of the complaint, it must first inform the health organisation of the substance of the grounds for its proposed action and give the health organisation an opportunity to make submissions.
Any such submission must be made in writing within 28 days after the health organisation is so informed.
The Commission may request the Health Secretary to notify it of any action taken or proposed as a consequence of its report under section 42 (2).
If the Commission is not satisfied that sufficient steps have been taken within a reasonable time as a consequence of its report to the Health Secretary, it may, after consultation with the Health Secretary, make a report to the Minister.
If the Commission is not satisfied that sufficient steps have been taken within a reasonable time as a consequence of its report to the Minister, it may make a special report on the matter to the Presiding Officer of each House of Parliament.
Section 63 (subsection (1) excepted) applies to a special report under this section in the same way as it applies to a special report under section 63.
After the Commission has complied with any requirement under section 43, it must notify the parties to the complaint, in writing, of the results of the investigation.
The Commission may, at its discretion, also provide the results of its investigation to—
(a) any person or body it could have referred the matter to under section 26, or
(b) any person to whom it could have given notice under section 28A of its assessment of the complaint, or
(c) any other person or body that is, in the Commission’s opinion, a relevant person or body.
The Commission may, at its discretion, also give a copy of a report prepared under section 42 (2) on the matter the subject of the complaint to the complainant.
Nothing in this section authorises the release of a report prepared under section 42 (2) otherwise than as provided by subsection (2A) or section 44, unless the report is released by the Health Secretary or the Minister.
In this section,
In this Division—
The Commission may, during an investigation of a complaint against a relevant health organisation, make an interim prohibition order in relation to the relevant health organisation.
The Commission may make an interim prohibition order only if—
(a) it has a reasonable belief that the relevant health organisation has breached a code of conduct for relevant health organisations, and
(b) it is of the opinion that—
(i) the relevant health organisation poses a serious risk to the health or safety of members of the public, and
(ii) the making of an interim prohibition order is necessary to protect the health or safety of members of the public.
An interim prohibition order may do one or both of the following—
(a) prohibit the relevant health organisation from providing health services or specified health services,
(b) place conditions the Commission thinks appropriate on the provision of health services or specified health services by the relevant health organisation.
An interim prohibition order remains in force for a period of 8 weeks or, if a shorter period is specified in the order, the shorter period.
The Commission must notify the relevant health organisation of its decision to make an interim prohibition order and provide the relevant health organisation with a written statement of the decision that sets out the grounds on which the decision was made as soon as practicable after the decision is made.
The Commission may take action under this section if—
(a) it has complied with Division 7 in relation to an investigation of a complaint against a relevant health organisation, and
(b) it finds that the relevant health organisation has breached a code of conduct for relevant health organisations or has been convicted of a relevant offence, and
(c) it is of the opinion that the relevant health organisation poses a risk to the health or safety of members of the public.
The action that the Commission may take under this section is one or both of the following—
(a) make a prohibition order that does one or more of the following—
(i) prohibits the relevant health organisation from providing health services or specified health services for the period specified in the order or permanently,
(ii) places conditions the Commission thinks appropriate on the provision of health services or specified health services by the relevant health organisation for the period specified in the order or permanently,
Note— Section 102(3) of the Public Health Act 2010 provides that it is an offence for a person to provide a health service in contravention of a prohibition order.
(b) cause a public statement to be issued in a manner determined by the Commission identifying and giving warnings or information about the relevant health organisation and health services provided by the relevant health organisation.
The Commission may revoke or revise a statement issued under subsection (2)(b).
In this section—
(a) an offence under the Private Health Facilities Act 2007, or
(b) an offence under Part 7 of the Public Health Act 2010, or
(c) an offence under the Fair Trading Act 1987 or the Competition and Consumer Act 2010 of the Commonwealth that relates to the provision of health services.
If the Commission makes any of the following decisions in relation to a relevant health organisation under section 45C, it must provide the relevant health organisation with a written statement of the decision as soon as practicable after the decision is made—
(a) a decision that the relevant health organisation has breached a code of conduct for relevant health organisations,
(b) a decision to make a prohibition order in relation to the relevant health organisation,
(c) a decision to issue, revoke or revise a public statement about the relevant health organisation under section 45C.
An amendment made by Schedule 1 [6], [10]–[14], [17]–[23], [27], [29], [32], [37] or Schedule 3 to the amending Act applies to a complaint whether made before, on or after the commencement of the amendment.
Despite subclause (3)—
(a) an amendment made by Schedule 1 [6] or [12] to the amending Act does not apply to a complaint that was assessed by the Commission under section 13 before the commencement of the amendment, and
(b) the amendment made by Schedule 1 [22] to the amending Act does not apply to a referral of a complaint under section 26 that took place before the commencement of the amendment, and
(c) the amendment made by Schedule 1 [37] to the amending Act does not affect any proceedings commenced before the commencement of the amendment, and
(d) an amendment made by Schedule 3 [2] or [5] to the amending Act does not apply to a complaint in respect of which the Commission has made a determination under section 39 before the commencement of the amendment.
Despite any other provision of this clause, the power conferred by section 90B (1) (a1) on the Director of Proceedings to prosecute a complaint extends to enable the Director to continue the prosecution of a complaint that had commenced before the commencement of that paragraph.
In this Part—
An amendment made to a health registration Act by the amending Act does not apply to a complaint that was referred to a Committee or Tribunal under the health registration Act before the commencement of the amendment.
An amendment made to a health registration Act by the amending Act does not apply to a complaint if an inquiry into the complaint under the health registration Act had commenced before the commencement of the amendment.
The amendment made to section 147 of the Medical Practice Act 1992 by the amending Act does not affect the Tribunal as constituted before the commencement of the amendment to deal with a complaint if the Tribunal is still dealing with that complaint at that commencement. Accordingly, the Tribunal as so constituted may continue to deal with the complaint as if the amendment had not been made.
The amendment made to section 169 of the Medical Practice Act 1992 by the amending Act does not affect any Committee that was constituted before the commencement of the amendment to deal with a complaint and is still dealing with the complaint at that commencement. Accordingly, any such Committee may continue to deal with the complaint as if the amendment had not been made.
The amendment made to section 51 of the Nurses and Midwives Act 1991 by the amending Act does not affect any Committee that was constituted before the commencement of the amendment to deal with a complaint and is still dealing with the complaint at that commencement. Accordingly, any such Committee may continue to deal with the complaint as if the amendment had not been made.
Any amendment made to a health registration Act by the amending Act to remove a requirement that a statutory declaration be given in relation to a complaint applies to a complaint whether made before, on or after the commencement of the amendment.
In this Part—
The Commission may make a prohibition order or cause a public statement to be issued under section 41A with respect to either or both of the following—
(a) conduct or any other matter or thing that occurred before, or partly before and partly after, that section was inserted by the amending Act,
(b) a complaint that has been made but not fully dealt with before that section was inserted by the amending Act.
Section 94A, as inserted by the amending Act, extends to an investigation that is completed before the commencement of that section.
Section 94B (1), as inserted by the amending Act, applies only in respect of a statement of a decision that is given after the commencement of that subsection.
The Commission must notify the Director-General under section 25 of the details of a complaint that involves a possible breach of the Private Hospitals and Day Procedure Centres Act 1988 or the Nursing Homes Act 1988 or the regulations made under those Acts if the conduct alleged to constitute the breach occurred before the repeal of the relevant Act.
In this Part—
An amendment made by the amending Act in relation to associated complaints extends to associated complaints made or referred before the commencement of the amendment.
Section 29A extends to the investigation of a complaint made or referred to the Commission before the commencement of that section.
A reference in sections 10 (1) and 34 (2) to the Health Practitioner Regulation National Law includes a reference to a repealed Act within the meaning of section 22A.
The amendment made to section 25 by the Statute Law (Miscellaneous Provisions) Act 2015 extends to any complaint made before 8 July 2015 (except for any complaint that the Commission is no longer dealing with on that day).
Division 6A of Part 2 of this Act continues to apply to a registered paramedic as if the paramedic were not registered but only in respect of a complaint made against the paramedic before the paramedic became a registered paramedic.
The contract of employment in force between the Commissioner and the Minister immediately before the commencement day continues in force until a determination of the Commissioner’s remuneration comes into force under the Statutory and Other Offices Remuneration Act 1975.
In this clause—
(Repealed)
Health Care Complaints Act 1993 No 105. Assented to 2.12.1993. Date of commencement of Parts 1, 4, 5, and 7, Sch 3 in so far as it amends the Public Sector Management Act 1988 and Sch 4, 4.5.1994, sec 2 and GG No 64 of 4.5.1994, p 2001; date of commencement of remainder (except Sch 3 in so far as it amends the Coroners Act 1980), 1.7.1994, sec 2 and GG No 88 of 1.7.1994, p 3239; Sch 3 in so far as it amends the Coroners Act 1980 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2010 No 119. This Act has been amended as follows—
No 32 | Statute Law (Miscellaneous Provisions) Act 1994. Assented to 2.6.1994. Date of commencement of the provision of Sch 2 relating to the Health Care Complaints Act 1993, assent, Sch 2. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 1994. Assented to 12.12.1994. Date of commencement of the provision of Sch 1 relating to the Health Care Complaints Act 1993, assent, Sch 1. | |
No 3 | Parliamentary Committees Legislation Amendment Act 1995. Assented to 30.5.1995. Date of commencement, assent, sec 2. | |
No 2 | Poisons Amendment (Therapeutic Goods) Act 1996. Assented to 8.5.1996. Date of commencement, 1.9.1996, sec 2 and GG No 99 of 30.8.1996, p 4984. | |
No 154 | Health Services Act 1997. Assented to 19.12.1997. Date of commencement, 1.7.1998, sec 2 and GG No 97 of 26.6.1998, p 4423. | |
No 16 | Parliamentary Committees Legislation Amendment Act 1999. Assented to 9.6.1999. Date of commencement, assent, sec 2. | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of sec 7 and Sch 5, 1.1.2000, sec 2 (1) and GG No 144 of 24.12.1999, p 12184. | |
No 15 | Chiropractors Act 2001. Assented to 30.4.2001. Date of commencement of Sch 6, 1.8.2002, sec 2 and GG No 124 of 31.7.2002, p 5696. | |
No 16 | Osteopaths Act 2001. Assented to 30.4.2001. Date of commencement of Sch 6, 1.8.2002, sec 2 and GG No 124 of 31.7.2002, p 5697. | |
No 64 | Dental Practice Act 2001. Assented to 11.10.2001. Date of commencement, 15.8.2004, sec 2 and GG No 134 of 13.8.2004, p 6449. | |
No 67 | Physiotherapists Act 2001. Assented to 11.10.2001. Date of commencement of Sch 6.3, 1.12.2002, sec 2 and GG No 237 of 29.11.2002, p 10062. | |
No 69 | Psychologists Act 2001. Assented to 11.10.2001. Date of commencement, 6.12.2002, sec 2 and GG No 246 of 6.12.2002, p 10364. | |
No 30 | Optometrists Act 2002. Assented to 21.6.2002. Date of commencement of Sch 6.2, 16.6.2004, sec 2 and GG No 97 of 16.6.2004, p 3723. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 45 | Nurses Amendment Act 2003. Assented to 30.9.2003. Date of commencement of Sch 2.4, 1.8.2004, sec 2 (1) and GG No 126 of 30.7.2004, p 6114. | |
No 69 | Podiatrists Act 2003. Assented to 20.11.2003. Date of commencement of Sch 6.2, 9.12.2005, sec 2 (1) and GG No 154 of 9.12.2005, p 10028. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2003. Assented to 27.11.2003. Date of commencement of Sch 3, assent, sec 2 (1). | |
No 18 | Health Care Complaints Amendment (Special Commission of Inquiry) Act 2004. Assented to 1.4.2004. Date of commencement, assent, sec 2. | |
No 98 | Health Legislation Amendment (Complaints) Act 2004. Assented to 15.12.2004. Date of commencement of Schs 1–3, 1.3.2005, sec 2 and GG No 28 of 25.2.2005, p 477. | |
No 64 | Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 1.13, assent, sec 2 (2). | |
No 77 | Defamation Act 2005. Assented to 26.10.2005. Date of commencement, 1.1.2006, sec 2. | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 2 | Public Sector Employment Legislation Amendment Act 2006. Assented to 13.3.2006. Date of commencement, 17.3.2006, sec 2 and GG No 35 of 17.3.2006, p 1378. | |
No 59 | Pharmacy Practice Act 2006. Assented to 7.9.2006. Date of commencement of Sch 7.5, 25.2.2008, sec 2 (1) and GG No 21 of 22.2.2008, p 1038. | |
No 124 | Health Legislation Amendment (Unregistered Health Practitioners) Act 2006. Assented to 4.12.2006. Date of commencement, assent, sec 2. | |
No 9 | Private Health Facilities Act 2007. Assented to 15.6.2007. Date of commencement, 1.3.2010, sec 2 and 2010 (53) LW 26.2.2010. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2007. Assented to 4.7.2007. Date of commencement of Sch 1.20, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 4, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 27 | Medical Practice Amendment Act 2008. Assented to 11.6.2008. Date of commencement of Sch 2, 1.8.2008, sec 2 and GG No 94 of 1.8.2008, p 7435. | |
No 15 | Health Legislation Amendment Act 2009. Assented to 13.5.2009. Date of commencement of Sch 1.3, assent, sec 2 (1). | |
No 61 | Occupational Licensing Legislation Amendment (Regulatory Reform) Act 2009. Assented to 16.9.2009. Date of commencement of Sch 4.2, 1.7.2010, sec 2 (2). | |
No 34 | Health Practitioner Regulation Amendment Act 2010. Assented to 15.6.2010. Date of commencement of Sch 2, 1.7.2010, sec 2 (2). | |
No 59 | Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010. Date of commencement of Sch 2.41, 9.7.2010, sec 2 (2). | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 4, 7.1.2011, sec 2 (2). | |
No 127 | Public Health Act 2010. Assented to 7.12.2010. Date of commencement of Sch 4, 1.9.2012, sec 2 and 2012 (275) LW 29.6.2012. Amended by Statute Law (Miscellaneous Provisions) Act 2011 No 27. Assented to 27.6.2011. Date of commencement of Sch 2.43, 8.7.2011, sec 2 (2). | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2011. Assented to 27.6.2011. Date of commencement of Sch 2.18, 1.9.2012, Sch 2.18 and 2012 (275) LW 29.6.2012. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 1, 6.1.2012, sec 2 (1). | |
No 42 | Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Schs 1.12 [1] and 2.16, 6.7.2012, sec 2 (1); date of commencement of Sch 1.12 [2], 1.7.2012, Sch 1.12. | |
No 95 | Statute Law (Miscellaneous Provisions) Act (No 2) 2012. Assented to 21.11.2012. Date of commencement of Sch 2, 4.1.2013, sec 2 (1). | |
No 24 | Health Legislation Amendment Act 2013. Assented to 14.5.2013. Date of commencement, assent, sec 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 3.12, 4.7.2014, sec 2 (1). | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 1.13, 8.7.2015, sec 2 (1); date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
No 38 | Health Legislation Amendment Act 2015. Assented to 2.11.2015. Date of commencement of Sch 1, assent, sec 2 (1). | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 1, 8.1.2016, sec 2 (1). | |
No 50 | Health Practitioner Regulation Amendment Act 2017. Assented to 24.10.2017. Date of commencement of Sch 2, 8.1.2018, sec 2 and 2017 (666) LW 1.12.2017. | |
No 22 | Health Legislation Amendment Act (No 2) 2018. Assented to 30.5.2018. Date of commencement, assent, sec 2. | |
No 32 | Health Legislation (Miscellaneous Amendments) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 1[1]–[5] and [7]–[32], assent, sec 2(1); date of commencement of Sch 1[6], 14.12.2020, sec 2(2) and 2020 (661) LW 13.11.2020. | |
No 41 | Health Legislation (Miscellaneous) Amendment Act (No 2) 2022. Assented to 4.10.2022. Date of commencement of Sch 1, assent, sec 2(b). | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 2.5, assent, sec 2(c). | |
No 37 | Health Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 26 | Health Practitioner Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. |
Long title | Am 2004 No 98, Sch 2 [1]. |
Sec 3 | Subst 2004 No 98, Sch 1 [1]. Am 2008 No 27, Sch 2 [1]. |
Sec 3A | Ins 2004 No 98, Sch 1 [2]. Am 2010 No 34, Sch 2.22 [1] [2]; 2013 No 24, Sch 2 [1]; 2024 No 26, Sch 1[1]. |
Sec 4 | Am 2001 No 15, Sch 6.2; 2001 No 16, Sch 6.2; 2001 No 64, Sch 6.2; 2001 No 67, Sch 6.3; 2001 No 69, Sch 6.1; 2002 No 30, Sch 6.2; 2003 No 45, Sch 2.4 [1]; 2003 No 69, Sch 6.2; 2004 No 98, Schs 1 [3] [4], 2 [2] [3], 3 [1]; 2005 No 64, Sch 1.13 [1]; 2006 No 2, Sch 4.24 [1]; 2006 No 59, Sch 7.5; 2006 No 124, Sch 2 [1]; 2008 No 27, Sch 2 [2]; 2009 No 61, Sch 4.2 [1]–[3]; 2010 No 34, Sch 2.22 [3]–[5]; 2011 No 62, Sch 1.8; 2012 No 42, Sch 1.12 [1] [2]; 2014 No 33, Sch 3.12 [1] [2]; 2017 No 50, Sch 2 [1]; 2020 No 32, Sch 1[1]; 2022 No 41, Sch 1[1]; 2023 No 7, Sch 3.11; 2023 No 37, Sch 2. |
Sec 7 | Am 2006 No 124, Sch 2 [2]; 2010 No 127, Sch 4.8 [1] (am 2011 No 27, Sch 2.43); 2011 No 27, Sch 2.18; 2013 No 24, Sch 2 [2]; 2020 No 32, Sch 1[2] [3]. |
Sec 8 | Am 2005 No 98, Sch 3.29 [1]; 2013 No 24, Sch 2 [3]; 2020 No 32, Sch 1[4]. |
Sec 9 | Am 2004 No 98, Sch 1 [5]; 2020 No 32, Sch 1[5]. |
Part 2, Div 2, heading | Subst 2010 No 34, Sch 2.22 [6]. |
Sec 10 | Am 2010 No 34, Sch 2.22 [7] [8]; 2017 No 50, Sch 2 [2]. |
Sec 11 | Subst 2010 No 34, Sch 2.22 [9]. |
Sec 12 | Am 2004 No 98, Sch 2 [4]; 2006 No 124, Sch 2 [3]; 2008 No 27, Sch 2 [3]; 2010 No 34, Sch 2.22 [8]. |
Sec 13 | Subst 2004 No 98, Sch 1 [6]. Am 2008 No 27, Sch 2 [4]; 2010 No 34, Sch 2.22 [8] [10] [11]. |
Sec 14 | Am 2004 No 98, Sch 2 [5]; 2010 No 34, Sch 2.22 [7] [8]; 2017 No 50, Sch 2 [3]; 2024 No 26, Sch 1[2]. |
Sec 15 | Am 2004 No 98, Sch 2 [6]; 2010 No 34, Sch 2.22 [12] [13]; 2024 No 26, Sch 1[3]. |
Sec 16 | Subst 2004 No 98, Sch 1 [7]. |
Sec 16A | Ins 2013 No 24, Sch 2 [4]. |
Sec 18 | Am 2004 No 98, Sch 1 [8] [9]; 2006 No 124, Sch 2 [4]; 2010 No 127, Sch 4.8 [1] (am 2011 No 27, Sch 2.43); 2020 No 32, Sch 1[4]; 2024 No 26, Sch 1[4]. |
Sec 20 | Am 2004 No 98, Schs 1 [10]–[12], 2 [7]. |
Sec 20A | Ins 2004 No 98, Sch 1 [13]. Am 2010 No 34, Sch 2.22 [8]. |
Sec 21A | Ins 2004 No 98, Sch 1 [14]. Subst 2009 No 15, Sch 1.3 [1]. Am 2020 No 32, Sch 1[6]–[8]. |
Sec 22A | Ins 2008 No 27, Sch 2 [5]. Am 2010 No 34, Sch 2.22 [14] [15]; 2017 No 50, Sch 2 [3]. |
Sec 23 | Am 2004 No 98, Sch 1 [15]–[17]; 2006 No 124, Sch 2 [5]; 2010 No 34, Sch 2.22 [8]; 2010 No 127, Sch 4.8 [1] (am 2011 No 27, Sch 2.43); 2020 No 32, Sch 1[4]. |
Sec 24 | Subst 2004 No 98, Sch 1 [18]. Am 2010 No 34, Sch 2.22 [8]. |
Sec 25 | Am 1996 No 2, Sch 2; 1997 No 154, Sch 6.17 [1] [2]; 2004 No 98, Sch 1 [19] [20]; 2006 No 124, Sch 2 [6] [7]; 2007 No 9, Sch 5.11 [1] [2]; 2010 No 127, Sch 4.8 [2]; 2012 No 95, Sch 2.15; 2013 No 24, Sch 2 [2] [5]; 2015 No 15, Sch 1.13 [1]. |
Sec 25A | Ins 2004 No 98, Sch 1 [21]. Am 2010 No 127, Sch 4.8 [3]; 2013 No 24, Sch 2 [2]. |
Sec 25B | Ins 2004 No 98, Sch 1 [21]. Am 2010 No 34, Sch 2.22 [8] [16]–[18]. |
Sec 26 | Subst 2004 No 98, Sch 1 [22]. Am 2010 No 34, Sch 2.22 [8]; 2020 No 32, Sch 1[4] [9]–[12]. |
Sec 27 | Am 2004 No 98, Schs 1 [23], 2 [8]; 2010 No 34, Sch 2.22 [19]. |
Sec 28 | Subst 2004 No 98, Sch 1 [24]. Am 2013 No 24, Sch 2 [6]. |
Sec 28A | Ins 2004 No 98, Sch 1 [24]. Am 2009 No 15, Sch 1.3 [2]. |
Part 2, Div 5, note | Am 2006 No 124, Sch 2 [8]; 2010 No 34, Sch 2.22 [20]; 2013 No 24, Sch 2 [7]; 2015 No 58, Sch 1.7 [1]. |
Sec 29 | Am 2008 No 27, Sch 2 [6]. |
Sec 29A | Ins 2008 No 27, Sch 2 [7]. |
Sec 30 | Am 2004 No 98, Sch 1 [25] [26]; 2010 No 34, Sch 2.22 [7] [19]; 2010 No 59, Sch 2.41; 2017 No 50, Sch 2 [4]. Rep 2024 No 26, Sch 1[5]. |
Sec 32 | Subst 2020 No 32, Sch 1[13]. |
Sec 33 | Am 2004 No 98, Sch 1 [27] [28]; 2010 No 34, Sch 2.22 [21]–[23]; 2020 No 32, Sch 1[14]–[16]. |
Sec 34 | Am 2002 No 103, Sch 4.45 [1]–[3]; 2010 No 34, Sch 2.22 [7] [8]; 2017 No 50, Sch 2 [5]. |
Sec 34A | Ins 2004 No 98, Sch 1 [29]. Am 2009 No 15, Sch 1.3 [3]–[6]; 2010 No 34, Sch 2.22 [16]; 2020 No 32, Sch 1[6] [7]. |
Sec 35 | Am 2004 No 98, Sch 1 [30]. Rep 2020 No 32, Sch 1[17]. |
Sec 36 | Rep 2020 No 32, Sch 1[17]. |
Sec 37 | Rep 2004 No 98, Sch 1 [31]. |
Sec 37A | Ins 2004 No 98, Sch 1 [32]. Am 2009 No 15, Sch 1.3 [7]; 2022 No 41, Sch 1[2]. |
Sec 38 | Am 2010 No 34, Sch 2.22 [8]. |
Sec 39 | Am 2004 No 98, Schs 1 [33] [34], 3 [2]; 2006 No 124, Sch 2 [9] [10]; 2010 No 34, Sch 2.22 [8] [16]; 2024 No 26, Sch 1[6]. |
Sec 40 | Am 2003 No 45, Sch 2.4 [2]; 2006 No 124, Sch 2 [11]; 2010 No 34, Sch 2.22 [8] [19] [24]. |
Sec 41 | Am 2009 No 15, Sch 1.3 [8]; 2010 No 34, Sch 2.22 [8]. |
Part 2, Div 6A, heading | Ins 2006 No 124, Sch 2 [12]. Am 2015 No 58, Sch 1.7 [2]. |
Part 2, Div 6A | Ins 2006 No 124, Sch 2 [12]. |
Sec 41AA | Ins 2010 No 34, Sch 2.22 [25]. Am 2010 No 127, Sch 4.8 [4]; 2015 No 58, Sch 1.7 [3] [4]; 2020 No 32, Sch 1[2] [18]. |
Sec 41A | Ins 2006 No 124, Sch 2 [12]. Am 2009 No 15, Sch 1.3 [9]; 2010 No 34, Sch 2.22 [7] [26]; 2010 No 127, Sch 4.8 [5] [6]; 2012 No 42, Sch 2.16; 2013 No 24, Sch 2 [8]; 2015 No 58, Sch 1.7 [4]; 2017 No 50, Sch 2 [6]; 2020 No 32, Sch 1[2] [19]; 2024 No 26, Sch 1[7]. |
Sec 41B | Ins 2006 No 124, Sch 2 [12]. Am 2010 No 34, Sch 2.22 [27]; 2015 No 58, Sch 1.7 [4]. |
Sec 41C | Ins 2006 No 124, Sch 2 [12]. Am 2010 No 34, Sch 2.22 [28] [29]; 2013 No 95, Sch 2.73 [1]; 2015 No 58, Sch 1.7 [4]. |
Sec 41D | Ins 2006 No 124, Sch 2 [12]. Subst 2010 No 34, Sch 2.22 [30]. |
Sec 41E | Ins 2015 No 38, Sch 1 [1]. |
Sec 42 | Am 2020 No 32, Sch 1[20]. |
Sec 45 | Am 2009 No 15, Sch 1.3 [10] [11]; 2013 No 24, Sch 2 [9]. |
Part 2, Div 7A (secs 45A–45F | Ins 2020 No 32, Sch 1[21]. |
Part 2, Div 8 | Subst 2004 No 98, Sch 2 [9]. |
Secs 46–49 | Subst 2004 No 98, Sch 2 [9]. |
Sec 50 | Subst 2004 No 98, Sch 2 [9]. Am 2005 No 98, Sch 3.29 [2]. |
Secs 51, 52 | Subst 2004 No 98, Sch 2 [9]. |
Sec 53 | Subst 2004 No 98, Sch 2 [9]. Am 2010 No 34, Sch 2.22 [8]. |
Sec 54 | Subst 2004 No 98, Sch 2 [9]. |
Sec 55 | Subst 2004 No 98, Sch 2 [9]. Am 2010 No 34, Sch 2.22 [8] [31]. |
Sec 56 | Subst 2004 No 98, Sch 2 [9]. Am 2010 No 34, Sch 2.22 [8]. |
Secs 57, 58 | Subst 2004 No 98, Sch 2 [9]. |
Sec 58A | Ins 2004 No 98, Sch 2 [9]. |
Part 2, Div 9 (secs 58B–58D) | Ins 2004 No 98, Sch 2 [9]. |
Part 2, charts | Rep 2004 No 98, Sch 2 [9]. |
Sec 59 | Subst 2004 No 98, Sch 1 [35]. Am 2020 No 32, Sch 1[4]. |
Part 3A | Ins 2020 No 32, Sch 1[22]. |
Secs 63A–63F | Ins 2020 No 32, Sch 1[22]. |
Sec 63G | Ins 2020 No 32, Sch 1[22]. Am 2020 No 32, Sch 1[6]. |
Sec 65 | Am 2004 No 98, Sch 2 [10]. |
Sec 67 | Am 1995 No 3, Sch 1 (1) (2); 1999 No 16, Sch 1.1 [1] [2]. |
Sec 69 | Am 2007 No 27, Sch 1.20 [1] [2]. |
Sec 70 | Am 1995 No 3, Sch 1 (3); 1999 No 16, Sch 1.1 [3]; 2007 No 27, Sch 1.20 [1] [2]. |
Sec 70A | Ins 1994 No 95, Sch 1. |
Sec 72 | Am 2005 No 77, Sch 6.7; 2007 No 27, Sch 1.20 [1]. |
Sec 75 | Am 2004 No 98, Sch 3 [3]. |
Sec 76 | Subst 2004 No 98, Sch 3 [4]. Am 2014 No 33, Sch 3.12 [4]. |
Sec 77 | Rep 2014 No 33, Sch 3.12 [5]. |
Sec 80 | Am 2004 No 98, Schs 1 [36], 2 [11]; 2006 No 2, Sch 4.24 [2]; 2010 No 34, Sch 2.22 [32] [33]; 2013 No 24, Sch 2 [10]; 2014 No 33, Sch 3.12 [6]; 2020 No 32, Sch 1[23]. |
Sec 82 | Am 1997 No 154, Sch 6.17 [3]. Rep 2006 No 2, Sch 4.24 [3]. |
Part 6 (secs 85–90) | Subst 2004 No 98, Sch 2 [12]. |
Part 6A | Ins 2004 No 98, Sch 3 [5]. |
Sec 90A | Ins 2004 No 98, Sch 3 [5]. |
Sec 90B | Ins 2004 No 98, Sch 3 [5]. Am 2005 No 64, Sch 1.13 [2]; 2009 No 15, Sch 1.3 [12]–[14]; 2010 No 34, Sch 2.22 [8]; 2013 No 24, Sch 2 [11]; 2024 No 26, Sch 1[8]. |
Sec 90C | Ins 2004 No 98, Sch 3 [5]. Am 2008 No 27, Sch 2 [8]. |
Sec 90CA | Ins 2009 No 15, Sch 1.3 [15]. Am 2010 No 34, Sch 2.22 [8]. |
Sec 90D | Ins 2004 No 98, Sch 3 [5]. |
Sec 90E | Ins 2009 No 15, Sch 1.3 [16]. |
Sec 91A | Ins 2024 No 26, Sch 1[9]. |
Sec 92A | Ins 2008 No 27, Sch 2 [9]. Subst 2010 No 34, Sch 2.22 [34]. Am 2023 No 35, Sch 2.5. |
Sec 93 | Subst 2010 No 34, Sch 2.22 [35]. |
Sec 94A | Ins 2006 No 124, Sch 2 [13]. Am 2015 No 38, Sch 1 [2] [3]; 2020 No 32, Sch 1[24] [25]. |
Sec 94B | Ins 2006 No 124, Sch 2 [13]. Am 2009 No 61, Sch 4.2 [4] [5]; 2010 No 34, Sch 2.22 [7] [19] [36]–[40]. Subst 2017 No 50, Sch 2 [7]. Am 2018 No 22, Sch 1. |
Sec 94C | Ins 2006 No 124, Sch 2 [13]. Am 2010 No 34, Sch 2.22 [41]; 2013 No 95, Schs 2.73 [2], 6.3; 2020 No 32, Sch 1[26]. |
Sec 96 | Am 2004 No 98, Schs 1 [37], 2 [13]; 2010 No 34, Sch 2.22 [8]. |
Sec 97 | Am 2004 No 98, Sch 2 [14]. |
Secs 97A, 97B | Ins 2020 No 32, Sch 1[27]. |
Sec 98 | Am 2010 No 34, Sch 2.22 [8]; 2020 No 32, Sch 1[28]. |
Sec 99 | Am 2020 No 32, Sch 1[7]. |
Sec 99A | Ins 2004 No 98, Sch 1 [38]. Am 2009 No 15, Sch 1.3 [17]; 2020 No 32, Sch 1[29]–[31]. |
Sec 99B | Ins 2009 No 15, Sch 1.3 [18]. Am 2024 No 26, Sch 1[10]. |
Sec 100 | Am 2007 No 94, Sch 4. |
Sec 102 | Rep 2010 No 119, Sch 4. |
Sec 103A | Ins 2004 No 98, Sch 1 [39]. |
Sec 105 | Ins 2004 No 18, Sch 1 [1]. Rep 2010 No 34, Sch 2.22 [42]. |
Sch 1 | Am 2010 No 59, Sch 2.41. Subst 2020 No 32, Sch 1[32]. |
Sch 1A | Ins 2014 No 33, Sch 3.12 [7]. Am 2022 No 41, Sch 1[3] [4]. |
Sch 2 | Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2014 No 33, Sch 3.12 [8]; 2015 No 15, Sch 3.33. |
Sch 3 | Am 1994 No 32, Sch 2; 2003 No 82, Sch 3. Rep 2010 No 119, Sch 4. |
Sch 4 | Am 2004 No 98, Sch 1 [40] [41]; 2005 No 64, Sch 1.13 [3]; 2006 No 124, Sch 2 [14] [15]; 2007 No 9, Sch 5.11 [3]; 2008 No 27, Sch 2 [10] [11]; 2009 No 15, Sch 1.3 [19]; 2010 No 34, Sch 2.22 [43]; 2015 No 15, Sch 1.13 [2]; 2017 No 50, Sch 2 [8]; 2022 No 41, Sch 1[5]. |
Sch 5 | Ins 2004 No 18, Sch 1 [2]. Am 2004 No 98, Sch 1 [42]; 2008 No 27, Sch 2 [12]. Rep 2010 No 34, Sch 2.22 [44]. |
The whole Act (except Sch 4) | Am 2014 No 33, Sch 3.12 [3] (“Director-General” and “Director-General’s” omitted wherever occurring, “Health Secretary” and “Health Secretary’s” inserted instead, respectively). |
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