Health Care Complaints Act 1993 No 105
Current version for 14 May 2013 to date (accessed 24 May 2013 at 20:55)

8   Who may make a complaint?

(1)  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.
(2)  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
(ii)  be found to involve gross negligence on the part of a health practitioner, or
(iii)  result in the health practitioner being found guilty of an offence under Division 1 or 3 of Part 7 of the Public Health Act 2010.
(3)  The provisions of this Part apply to the making of a complaint by the Commissioner, subject to any modifications prescribed by the regulations.
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