Health and Community Services Complaints Regulations 1998

regulation 11

1. A prescribed provider must inquire into and, if possible, resolve a complaint made by a user or the representative of a user relating to a health service or community service provided by the provider to the user.

2. A prescribed provider who provides a health service or community service to a user must ensure that adequate information is made available to the user or the representative of the user about:

(b) all other complaints procedures that apply to the prescribed provider, including the procedure under Part 5 of the Act; and

(c) the right to, and availability of, support and advocacy services that are available to the user.

3. Information provided under clause 2 must be in a form that is accessible and understood by the user or representative.

4. A prescribed provider must ensure that a user or the representative of a user who makes a complaint to the prescribed provider in accordance with the internal complaints procedures of the provider:

(a) receives a written acknowledgement as soon as practicable after the complaint is made; and

(b) is kept informed of the progress of any inquiries, investigation or other action on the complaint at regular intervals.

5. A prescribed provider must ensure that a full and accurate record of the nature of a complaint and any inquiry, investigation or other action taken in relation to it is kept.

6. A prescribed provider must maintain a register containing a record of all complaints received.

7. If a prescribed provider considers that after investigating a complaint:

(a) a person may have committed an offence – the prescribed provider must notify a member of the Police Force;

(b) a person may have committed a breach of discipline – the prescribed provider must commence disciplinary proceedings against the person that are appropriate; or

(c) a registered provider may be guilty of unprofessional conduct – the prescribed provider must notify the relevant Board.

8. At the conclusion of an investigation of a complaint, the prescribed provider must inform the user or his or her representative of the user's right to make a complaint under Part 5 of the Act.