What complaints can be about
25 What complaints can be about
A complaint must allege that one or more of the following has occurred —
a provider has acted unreasonably by not providing a health service for the user;
a provider has acted unreasonably in the manner of providing a health service for the user, whether the service was requested by the user or a third party;
a provider has acted unreasonably in providing a health service for the user;
a provider has acted unreasonably by denying or restricting the user’s access to records kept by the provider and relating to the user;
a provider has acted unreasonably in disclosing or using the user’s health records or confidential information about the user;
a manager has acted unreasonably in respect of a complaint made to an institution by a user about a provider’s action which is of a kind mentioned in paragraphs (a) to (e) by —
not properly investigating the complaint or causing it to be properly investigated; or
not taking, or causing to be taken, proper action on the complaint;
a provider has —
acted unreasonably by charging the user an excessive fee; or
otherwise acted unreasonably with respect to a fee;
a provider that is an applicable organisation as defined in section 4 of the Carers Recognition Act 2004 has failed to comply with the Carers Charter as defined in that section;
a health care worker has failed to comply with a code of conduct that applies to the health care worker;
a health care worker has failed to comply with an interim prohibition order;
a health care worker has failed to comply with a prohibition order.
In subsection (1)(f) —
manager means a person who comes within paragraph (b) of the definition of provider in section 3(1) or the chief executive officer of the Health Department as mentioned in paragraph (c) of that definition.
[Section 25 amended: No. 37 of 2004 s. 33; No. 28 of 2006 s. 259; No. 33 of 2010 s. 14; No. 35 of 2022 s. 11.]
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