Page 4241 - Week 13 - Thursday, 25 November 1993
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THE OMBUDSMAN (AMENDMENT) BILL 1993 COMPLEMENTS THE LEGISLATIVE FRAMEWORK FOR HEALTH COMPLAINTS ESTABLISHED BY THE HEALTH COMPLAINTS BILL 1993.
IT PROVIDES FOR AMENDMENTS TO THE OMBUDSMAN ACT 1989 TO PROVIDE THAT THE OMBUDSMAN DOES NOT HAVE JURISDICTION OVER THE COMMISSIONER FOR HEALTH COMPLAINTS OR STAFF OF THE HEALTH COMPLAINTS UNIT. FOLLOWING ON FROM THAT, THE OMBUDSMAN WILL NO LONGER HAVE JURISDICTION TO INVESTIGATE THE ACTIONS OF AGENCIES IN RESPECT TO HEALTH SERVICES MATTERS.
IT SHOULD BE NOTED THAT THE PROCESS OF CONCILIATION DOES NOT INVOLVE THE CONCILIATOR OR THE COMMISSIONER FOR HEALTH COMPLAINTS TAKING ANY ADMINISTRATIVE ACTION AND/OR DECISION. THEREFORE IT IS NOT APPROPRIATE FOR THE OMBUDSMAN TO HAVE ANY. RIGHT OF REVIEW OF THE ACTIONS OR ROLE OF A CONCILIATOR.
THE BILL ALSO DISTINGUISHES THE FUNCTIONS OF THE OMBUDSMAN AND THE COMMISSIONER FOR HEALTH COMPLAINTS AND THE TYPES OF COMPLAINTS WHICH MAY BE DEALT WITH AND REFERRED BETWEEN THE TWO AGENCIES. A PROVISION IS ALSO INCLUDED TO EXPEDITE THE REFERRAL OF COMPLAINTS BETWEEN THE OMBUDSMAN AND THE COMMISSIONER. FOR HEALTH COMPLAINTS.
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