Page 4237 - Week 13 - Thursday, 25 November 1993
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THE CREDIBILITY AND PROTOCOLS DEVELOPED BY THE COMMISSIONER FOR HEALTH COMPLAINTS WILL BE CRITICAL TO THE EVENTUAL ACCEPTANCE OF BOTH THE HEALTH COMPLAINTS UNIT AND THE ROLE OF THE COMMISSIONER AMONG PROVIDERS, USERS AND THE WIDER COMMUNITY.
THE BILL PROVIDES FOR THE ESTABLISHMENT OF A HEALTH RIGHTS ADVISORY COUNCIL WHICH WILL BE RESPONSIBLE FOR PROVIDING ADVICE TO THE MINISTER AND THE COMMISSIONER ON THE REDRESS OF HEALTH DISPUTES. THE COUNCIL WILL ALSO ADVISE THE MINISTER ON THE GENERAL OPERATION OF THE DRAFT LEGISLATION ONCE IT IS ENACTED.
IN RESPECT OF DEALING WITH HEALTH SERVICES COMPLAINTS, THE EMPHASIS IN THE BILL IS ON ASSISTING USERS AND PROVIDERS TO RESOLVE MATTERS LOCALLY OR, WHERE APPROPRIATE, BY WAY OF CONCILIATION.
A PERSON APPOINTED AS A CONCILIATOR WILL BE SKILLED IN DISPUTE RESOLUTION AND WILL BE THE ONLY STAFF MEMBER OF THE UNIT WHO WILL BE LEGALLY ABLE TO PERFORM CONCILIATION FUNCTION(S). THE CONCILIATION PROCESS WILL BE SEPARATE FROM THE OTHER ACTIVITIES OF THE UNIT AND A CONCILIATOR WILL NOT BE INVOLVED IN THE ASSESSMENT AND/OR INVESTIGATION OF COMPLAINTS. THE INTEGRITY OF CONCILIATION IS THEREFORE PRESERVED IN THIS BILL.
ANYTHING SAID OR ADMITTED DURING CONCILIATION IS PRIVILEGED AND CONFIDENTIAL INFORMATION, AS ARE ANY DOCUMENTS CREATED FOR THE PURPOSES OF THIS PROCESS. EVIDENCE OF ANYTHING SAID, OR DOCUMENTS CREATED, DURING A PROCESS OF CONCILIATION WILL NOT BE ADMISSIBLE IN PROCEEDINGS BEFORE A COURT. TRIBUNAL OR HEALTH REGISTRATION BOARD. THERE IS .A PENALTY FOR UNLAWFUL DISCLOSURE OF INFORMATION ARISING OUT OF THE CONCILIATION PROCESS.
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