Page 2767 - Week 09 - Thursday, 26 August 1993
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The integrity of conciliation is preserved in the draft legislation by requiring the conciliator to perform this function separately from other activities of the unit. A conciliator will not be involved in the investigation of complaints. Anything said or admitted during conciliation is privileged and confidential information, as are any documents created for the purposes of this process. There is a penalty for unlawful disclosure of information arising out of the conciliation process. There are exceptions to the legal privilege of conciliation which are clearly defined in the draft legislation, and they include specified court proceedings for the purpose of having an agreement, made between a complainant and provider, set aside. Health service providers will therefore be able to place their confidence in the system of conciliation to be established under the draft legislation. The rights of all persons involved with the health complaints process have been recognised and comprehensively protected in the Bill.
The draft legislation gives a central role to the Commissioner for Health Complaints in providing assessment of all health service complaints, including those made against registered providers. The discretionary power of the Commissioner for Health Complaints to determine which authority has the most appropriate functions and powers to investigate a complaint will establish a special relationship between registration boards and the Commissioner for Health Complaints. Once the Commissioner for Health Complaints has determined that a complaint should be dealt with by another agency, the complaint must be referred and the Commissioner for Health Complaints cease action on the complaint unless it is referred back. However, Madam Speaker, it is important to note that registration boards will retain all their present functions and powers in relation to disciplinary matters. This emphasises the fact that the Commissioner for Health Complaints will not have a prosecutory function in respect of registered providers.
Following any investigation or inquiry, the role of the Commissioner for Health Complaints will be to decide when a complaint is justified, to recommend in a written report what actions should be taken to remedy the complaint, and to obtain a response from the provider on any action or actions to be implemented. A penalty applies should the provider not respond to a report. The Commissioner for Health Complaints may also make a report to an authority that has the ability to take action on matters raised in the report. The Commissioner for Health Complaints will have the very important function of facilitating the resolution of complaints between users and providers of health services. Madam Speaker, the Bill is also designed to provide the Commissioner for Health Complaints with the opportunity for systems problems to be identified and for appropriate action to be taken. Therefore, he or she will also have a key function in identifying areas of health policy, administration or service delivery arising, as they may, out of health service complaints that can be changed or improved for the benefit of the community.
In summary, Madam Speaker, the Bill enables the development of a health service system of the highest quality by enshrining the development of a code of health rights and responsibilities; establishing a special relationship between registration boards and the Commissioner for Health Complaints; focusing on the public interest and the improvement of health services; and the requirement for consultation and a close working relationship with consumers and providers.
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