Page 4238 - Week 13 - Thursday, 25 November 1993

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THE RIGHTS OF ALL PERSONS INVOLVED WITH THE HEALTH COMPLAINTS PROCESS HAVE BEEN RECOGNISED AND COMPREHENSIVELY PROTECTED IN THE BILL.

THE BILL ESTABLISHES A SPECIAL RELATIONSHIP BETWEEN REGISTRATION BOARDS AND THE COMMISSIONER FOR HEALTH COMPLAINTS. THE COMMISSIONER WILL BE RESPONSIBLE FOR LIAISING AND CONSULTING REGULARLY WITH BOARDS ABOUT COMPLAINTS RECEIVED AND FOR THE ASSESSMENT OF THOSE COMPLAINTS.

HOWEVER, IT IS IMPORTANT TO NOTE THAT REGISTRATION BOARDS WILL RETAIN ALL THEIR PRESENT FUNCTIONS AND POWERS 1N 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 AS A RESULT OF ANY INVESTIGATION OR INQUIRY.

THE ROLE OF THE COMMISSIONER WILL BE TO DECIDE WHEN A COMPLAINT IS JUSTIFIED, RECOMMEND IN A WRITTEN REPORT WHAT ACTIONS) SHOULD BE TAKEN TO REMEDY THE COMPLAINT AND TO OBTAIN A RESPONSE FROM THE PROVIDER ON ANY ACTIONS) IMPLEMENTED. THE COMMISSIONER MAY ALSO MAKE A REPORT TO AN AUTHORITY THAT HAS THE ABILITY TO TAKE ACTION ON MATTERS RAISED IN THE REPORT.

AS ! HAVE INDICATED, THE COMMISSIONER FOR HEALTH COMPLAINTS WILL HAVE THE VERY IMPORTANT FUNCTION OF FACILITATING THE RESOLUTION OF COMPLAINTS BETWEEN USERS AND PROVIDERS OF HEALTH SERVICES.

THE BILL IS ALSO DESIGNED TO PROVIDE THE COMMISSIONER WITH THE OPPORTUNITY TO IDENTIFY HEALTH "SYSTEMS" PROBLEMS. WHICH MAY OTHERWISE POTENTIALLY ADVERSELY AFFECT MANY USERS. ONCE IDENTIFIED, THE COMMISSIONER CAN RECOMMEND APPROPRIATE ACTION.

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