Page 2766 - Week 09 - Thursday, 26 August 1993
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effectively in decisions about their health care. The Bill therefore is an integral part of the reform of health services undertaken by this Government to make health service providers more accountable, effective and responsive. Community needs and community participation in the delivery of health services underpin this draft legislation.
Madam Speaker, the majority of health consumers appreciate the health care they receive and only a small percentage feel that they need to comment on their experience. However, the reality is that things can and do go wrong. Systems are not perfect and there are some health professionals who, for all kinds of reasons, do not provide health care of the highest quality. Consumers have a right to expect that the service they receive is a quality one. There are also services provided outside the mainstream health system where the level of training, supervision or overall control of these services is not as effective. These services will also come within the jurisdiction of the Commissioner for Health Complaints.
The Commissioner for Health Complaints will be equally committed to promoting and protecting the rights of both providers and health consumers. The Commissioner for Health Complaints will be a statutory officer and totally independent of ACT Health. The Commissioner for Health Complaints will be statutorily obliged to act impartially, in the public interest, and to observe the principles of natural justice. The functions of the Commissioner for Health Complaints are specified in the draft legislation. The Commissioner for Health Complaints will report to the Assembly through the responsible Minister. Matters upon which the Minister can direct the Commissioner for Health Complaints are clearly set out in the draft legislation. Any direction the Minister gives the Commissioner for Health Complaints will be included in the report of the Commissioner for Health Complaints to the Assembly and will provide clear accountability of the Minister to the Assembly in relation to the independence of the Commissioner for Health Complaints.
The Bill provides for the development of a code of health rights and responsibilities for both users and providers of public and private health services. Madam Speaker, only one other State specifically articulates a code of health rights and responsibilities or provides a mechanism to deal with any breach of those rights. It is recognised that the exercise of the powers and functions under the draft legislation, and the protocols developed by the Commissioner for Health Complaints, will be critical to the eventual acceptance of the Commissioner for Health Complaints and the unit among providers and the public generally. The Bill therefore provides for an oversighting advisory body, the Health Rights Advisory Council, to be established. This council will be responsible for providing advice to the Minister and the Commissioner for Health Complaints on the redress of grievances relating to health services and will also advise the Minister on the general operation of this Act. The membership of the council will include representatives of users and providers.
In relation to the handling of health services complaints, the emphasis in the Bill is on assisting users and providers to resolve matters locally or by way of conciliation. We are all aware that the vast majority of complaints are due to poor communication between consumers and providers, and that, by the simple process of bringing the two parties together, most problems can be resolved. Conciliation will enable a complainant and provider to resolve a matter with the assistance of a mediator who will be skilled in dispute resolution.
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