1Short title
This Act may be cited as the Health and Community Services
Complaints Act 1998.
Bills and explanatory statements from legislation.nt.gov.au; second reading speeches from the NT Parliamentary Record (Territory Stories). Links open the official source in a new tab.
Bill homepage (legislation.nt.gov.au)This Act may be cited as the Health and Community Services
Complaints Act 1998.
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.
The objectives of this Act are:
(a) to establish a health and community services complaints system that:
(i) provides an independent, just, fair and accessible mechanism for resolving complaints between users and providers of health services and community services; and
(ii) encourages and assists users and providers to resolve complaints directly with each other; and
(iii) leads to improvements in health services and community services and enables users and providers to contribute to the review and improvement of health services and community services; and
(iv) promotes the rights of users of health services and community services; and
(v) encourages an awareness of the rights and responsibilities of users and providers of health services and community services; and
to set out the powers and functions of the Commissioner; and
(c) to develop the Code of Health and Community Rights and Responsibilities.
In this Act:
applicable organisation, see section 4 of the Carers Recognition Act 2006.
Board means a National Board.
Carers Charter, see section 4 of the Carers Recognition Act 2006.
charter, in relation to a provider, means the charter of patient rights issued by or on behalf of the provider or a provider of that kind.
Chief Executive Officer means a Chief Executive Officer as defined in the Public Sector Employment and Management Act 1993.
Code means the Code of Health and Community Rights and Responsibilities approved under section 104.
community service means a service for aged people or a service for people with a disability.
Commissioner means the Commissioner for Health and Community Services Complaints referred to in section 9.
Committee means the Health and Community Services Complaints Review Committee established by section 78.
complainant means the person who makes a complaint under section 22.
conciliator means a person appointed under section 35.
contractor means:
(a) a person engaged by the Commissioner under section 14(2)(b); or
(b) an employee or other member of the staff of a person engaged by the Commissioner under section 14(2)(b).
disability means a disability that:
(a) is attributable to an intellectual, psychiatric, sensory or physical impairment or a combination of those impairments; and
is permanent or likely to be permanent; and
(c) results in a substantially reduced capacity for communication, learning or mobility and the need for continuing support services; and
may or may not be of a chronic episodic nature.
health service means a service provided or to be provided in the Territory for, or purportedly for, the benefit of the health of a person and includes:
(a) a service specified by the Regulations as being a health service; and
an administrative service directly related to a health service;
but does not include a service specified by the Regulations as not being a health service.
Information Commissioner means the Information Commissioner under the Information Act 2002.
investigator means a person authorised under section 50.
National Board means a National Health Practitioner Board established by section 31 of the Health Practitioner Regulation National Law.
provider means a person who, or body that, provides, or holds out as being able to provide, a health service or community service and includes:
an employer of a provider; and
(b) a volunteer who provides a health service or community service on behalf of a provider.
registered provider means a provider registered by a relevant Board.
relevant Board, in relation to a registered provider, means the Board that registered the provider.
service for aged people means a service provided in the Territory specifically for aged people or their carers and includes a service specified by the Regulations as a service for aged people but does not include a service specified by the Regulations as not being a service for aged people.
service for people with a disability means a service provided in the Territory specifically for people with a disability or their carers and includes a service specified by the Regulations as a service for people with a disability but does not include a service specified by the Regulations as not being a service for people with a disability.
special needs group includes any of the following:
persons of Aboriginal or Torres Strait Islander background;
persons with disabilities;
persons who:
cannot communicate in English;
have difficulty communicating in English; or
(iii) have a cultural background significantly different to that which generally applies in the community;
(d) persons who, because of the nature of the class to which they belong, suffer disadvantage in the provision of health services or community services.
staff member means a person:
provided to the Commissioner under section 14(1); or
used by the Commissioner under section 14(2)(a).
user means a person who seeks, uses or receives a health service or community service or to whom a health service or community service is administered.
(2) A person is not a user merely because the person arranges a health service or community service for another person.
(1) In determining whether or not a provider has acted reasonably in providing a health service or community service, the Commissioner must have regard to the following:
the Code;
(b) until the Code is approved – the charter or the principles set out in the Regulations, or both;
(c) after the Code is approved – the charter and the principles set out in the Regulations that are not dealt with by the Code;
(d) the generally accepted standard of health service or community service delivery expected of a provider of that kind;
the Carers Charter;
(f) another matter or information the Commissioner considers relevant.
(2) In addition, in respect of a community service that is a service for people with a disability, the Commissioner may have regard to any or all of the following:
(a) the principles set out in Schedule 2 to the Disability Services Act 1993;
(b) the objectives to be complied with in relation to the design and implementation of programs and services relating to people with disabilities set out in Schedule 3 to that Act;
(c) any standards of service for people with a disability that are specified in any law in force in the Territory.
(3) In addition, in respect of a community service that is a service for aged people, the Commissioner may have regard to either or both of the following:
(a) the Home and Community Care National Standards (known as the HACC Standards);
(b) any standards of service for aged people that are specified in any law in force in the Territory.
This Act binds the Crown not only in right of the Territory but also, so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
Part 3 Commissioner for
Health and Community Services Complaints
There is to be a Commissioner for Health and Community Services
Complaints.
Notes for section 9
1 Section 11 of the
Integrity and Ethics Commissioner Act 2025 provides that while a person holds office as the Integrity and Ethics Commissioner, the person also holds office as the Commissioner for Health and Community
Services Complaints.
2 Section 21 of the
Integrity and Ethics Commissioner Act 2025 provides that while a person is appointed to act as the Integrity and Ethics Commissioner, the person also acts as the Commissioner for Health and Community
Services Complaints.
3 Section 58 of the
Integrity and Ethics Commissioner Act 2025 also provides for the appointment of an acting Commissioner for Health and Community
Services Complaints.
The Commissioner has the following functions:
(a) to inquire into and report on any matter relating to health services or community services on receiving a complaint or on a reference from the Minister or the Legislative Assembly;
(b) to encourage and assist users and providers to resolve complaints directly with each other;
to conciliate and investigate complaints;
(d) to record all complaints received by the Commissioner or shown on returns supplied by providers and to maintain a central register of those complaints;
(e) to suggest ways of improving health services and community services and promoting community and health rights and responsibilities;
to review and identify the causes of complaints and to:
suggest ways to remove, resolve and minimise those causes; and
suggest ways of improving policies and procedures; and
(iii) detect and review trends in the delivery of health services and community services;
(g) to consider, promote and recommend ways to improve the health and community services complaints system;
(h) to assist providers to develop procedures to effectively resolve complaints;
to provide information, education and advice in relation to:
this Act; and
the Code; and
the procedures for resolving complaints;
to provide information, advice and reports to:
the Boards; and
the purchasers of community services or health services; and
the Minister; and
the Legislative Assembly;
(m) to collect, and publish at regular intervals, information concerning the operation of this Act;
to consult with:
providers; and
(ii) organisations that have an interest in the provision of health services and community services; and
organisations that represent the interests of users;
(p) to consider action taken by providers where complaints are found to be justified;
(q) to ensure, as far as practicable, that persons who wish to make a complaint are able to do so;
(r) to consult and co-operate with any public authority that has a function to protect the rights of individuals in the Territory consistent with the Commissioner's functions under this Act.
(2) The functions in subsection (1) are in addition to any other functions conferred on the Commissioner by this or any other Act.
(3) The Commissioner has power to do all things necessary or convenient to be done in connection with the performance of his or her functions.
Except as provided by this Act, the Commissioner is not subject to the direction of any person when exercising his or her powers or performing his or her functions.
The Commissioner must act independently, impartially and in the public interest when exercising his or her powers or performing his or her functions.
Subsections (1) and (2) have effect despite anything to the contrary in the Public Sector Employment and Management Act 1993.
(2) To assist in the performance of the Commissioner's functions, the Commissioner may engage consultants and make arrangements for the provision of advice and services to the Commissioner.
(3) In exercising a power or performing a function under this Act, a staff member is subject to direction only from:
the Commissioner; or
another staff member.
(4) Subsection (3) has effect despite anything to the contrary in the Public Sector Employment and Management Act 1993.
The Commissioner may, in writing, delegate to a person any of the
Commissioner's powers and functions under this Act.
The Commissioner, a staff member or a delegate of the
Commissioner is not liable, whether on the grounds of want of jurisdiction or any other ground, to civil or criminal proceedings (other than proceedings by way of judicial review) in respect of any act done or purported to be done under this Act or an authority under this Act unless the act was done in bad faith.
No civil or criminal proceedings may be brought against the
Commissioner, a staff member or a delegate of the Commissioner in respect of an act mentioned in subsection (1) without the leave of the Supreme Court.
The Supreme Court must not give leave unless it is satisfied that there is substantial ground for the contention that the person to be proceeded against has acted in bad faith.
Subject to this Act, the Commissioner, a staff member or a delegate of the Commissioner cannot be called to give evidence or produce a document in a court or in proceedings of a judicial nature in respect of any matter coming to his or her knowledge in the exercise of his or her powers or the performance of his or her functions under this Act.
In an application for judicial review, access to evidence or documents held by the Commissioner, a staff member or a delegate of the Commissioner is subject to the terms and conditions that the
Court thinks fit to protect the confidentiality of the evidence or document as is envisaged and provided for under this Act.
A person who is or has been the Commissioner, a staff member or a delegate of the Commissioner is entitled to be indemnified by the
Territory against liability or costs incurred in contesting an action, claim or demand brought or made in respect of an act done or omitted to be done, in good faith, in exercising or performing, or purportedly exercising or performing, his or her powers or functions under this Act.
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