Health Complaints Amendment Act 2001 (TAS)

Health Complaints Amendment Act 2001

An Act to amend the Health Complaints Act 1995

[Royal Assent 22 November 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Health Complaints Amendment Act 2001 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Health Complaints Act 1995 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of complaint and substituting the following definition: complaint means – (a) a complaint made under Part 4 ; or (b) any issue arising out of that complaint; 5Section 57 amended (Referral of complaint to Commissioner) Section 57(1) of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraph: (c) if the Commissioner and board agree – (i) refer the grievance to the Commissioner; or (ii) retain the grievance for investigation under section 58. 6Section 58 substituted Section 58 of the Principal Act is repealed and the following section is substituted: 58Investigation of complaints or grievances (1)  A registration board must investigate – (a) a complaint referred to it by the Commissioner under this Act; or (b) a grievance retained under section 57(1)(c)(ii) . (2)  On investigating the complaint or grievance, the registration board must provide the Commissioner with a report of – (a) its findings; and (b) any action it has taken or proposes to take. (3)  In investigating a complaint under subsection (1)(a), the registration board must consult with the Commissioner with respect to whether or not the complaint or any part of, or issue arising out of, the complaint is to be referred back to the Commissioner for action under section 25(1). (4)  In investigating a grievance under subsection (1)(b), the registration board must consult with the Commissioner with respect to whether or not the grievance or any part of, or issue arising out of, the grievance is to be referred to the Commissioner for action under section 25(1). (5)  If the Commissioner determines that a complaint is to be referred under subsection (3) or a grievance is to be referred under subsection (4) – (a) the Commissioner, by notice in writing, is to notify the registration board of that determination; and (b) the board must comply with that determination. 7Section 73 amended (Protection from civil actions) Section 73 of the Principal Act is amended by inserting after paragraph (a) the following paragraph: (ab) the making of a grievance received by a registration board under section 57(1); 8Consequential amendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. Schedule 1Consequential Amendments

Section 8

1.    Section 14 is repealed and the following section is substituted: 14Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 15 is repealed and the following section is substituted: 15Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint under Part 4 in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 15 is repealed and the following section is substituted: 15Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 14 is repealed and the following section is substituted: 14Protection from liability (1)  A person who is an employee of the Council or a member of a committee does not incur any personal liability for any act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 14 is repealed and the following section is substituted: 14Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 15 is repealed and the following section is substituted: 15Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 14 is repealed and the following section is substituted: 14Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 14 is repealed and the following section is substituted: 14Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 14 is repealed and the following section is substituted: 14Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint. 1.    Section 15 is repealed and the following section is substituted: 15Protection from liability (1)  A person who is an employee of the Board or a member of a committee does not incur any personal liability for an act done or purported or omitted to be done by the person in good faith for the purpose of administering or executing this Act. (2)  A person who makes a complaint in good faith does not incur any personal liability in respect of any loss, damage or injury suffered by another person as a result of the making of the complaint.

[Second reading presentation speech made in:

House of Assembly on 4 OCTOBER 2001

Legislative Council on 7 NOVEMBER 2001]