Appointment of acting Health Complaints Commissioner
58 Appointment of acting Health Complaints Commissioner
(1) The Inspector may appoint an eligible person to act as the Health Complaints Commissioner to deal with a specified matter under the Health and Community Services Complaints Act 1998 that the Health Complaints Commissioner cannot deal with due to a conflict of interest.
(2) A person is an eligible person for appointment as an acting Health Complaints Commissioner under subsection (1) if the person is not:
a registered provider; or
(b) a member of a professional association of health service providers.
(3) For subsection (2)(b), a professional association of health services providers does not include:
an industrial organisation; or
(b) an association of health administrators.
(4) Concurrent appointments may exist under this section if the conditions of appointment distinguish the circumstances in which each appointee may act.
(5) To avoid doubt, an appointment may be made under this section regardless of whether a person has been appointed to act as the Commissioner under section 20.
Note for subsection (5)
Under section 21, a person appointed to act as the Commissioner under section 20 would also be an acting Health Complaints Commissioner.
In this section:
Board means a National Board.
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 the following:
an employer of a provider;
(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.
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