Health Complaints Amendment Act 2001

Health Complaints Amendment Act 2001

An Act to amend the Health Complaints Act 1995

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:

1.   Short title

This Act may be cited as the Health Complaints Amendment Act 2001 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Health Complaints Act 1995 is referred to as the Principal Act.

4.    Section 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;

5.    Section 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.

6.    Section 58 substituted

Section 58 of the Principal Act is repealed and the following section is substituted:

58.   Investigation 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.

7.    Section 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);

8.   Consequential amendments

The legislation specified in Schedule 1 is amended as specified in that Schedule.

SCHEDULE 1 - Consequential Amendments

Section 8

1.    Section 14 is repealed and the following section is substituted:

14.   Protection 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:

15.   Protection 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:

15.   Protection 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:

14.   Protection 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:

14.   Protection 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:

15.   Protection 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:

14.   Protection 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:

14.   Protection 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:

14.   Protection 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:

15.   Protection 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]