Division 1 The right to complain

7   What can a complaint be made about?

(1)  A complaint may be made under this Act concerning:

(a)  the professional conduct of a health practitioner, or

(b)  a health service which affects the clinical management or care of an individual client.

(2)  A complaint may be made against a health service provider.

(3)  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.

8   Who may make a complaint?

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 Director-General

•  the Minister.

9   How is a complaint made?

(1)  A complaint is made by lodging the complaint in writing with the Commission.

(2)  The complaint is to include particulars of the allegations on which it is founded.

(3)  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.

Note. 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 35 to furnish such information to the Commissioner or staff of the Commission.