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.