Page 4572 - Week 15 - Tuesday, 14 December 1993
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MR BERRY (Minister for Health, Minister for Industrial Relations and Minister for Sport) (8.53): It is an innocuous amendment. On my assessment of the information on the functions clause, it is probably unnecessary; but, if the form of words pleases Mr Moore, then that is fine. It does not seem to be necessary in the context of the functions of the unit as outlined in clause 9.
Amendment agreed to.
Clause, as amended, agreed to.
Clauses 10 to 21, by leave, taken together, and agreed to.
Clause 22
MR MOORE (8.55), by leave: I move:
Page 9 -
Paragraph (1)(e), line 9, omit "or".
Paragraph (1)(f), line 13, add at the end "or".
Subclause (1), line 13, add the following paragraph:
"(g) a provider has acted in disregard of the Code.".
In looking at the grounds for complaint, Mr Deputy Speaker, it seemed to me appropriate that, since the code is part and parcel of the whole Bill, it is important that we actually identify that complaints can be attached to that code. The code is defined in clause 4 as:
"Code" means the Code of Health Rights and Responsibilities approved under section 53 ...
When you turn to clause 53 of the Bill you can see that the Minister will, by instrument, approve a code to be known as a "Code of Health Rights and Responsibilities". It seems to me that such a code will set out in specific terms the role and responsibilities of the commissioner and of this Act. That being the case, it is appropriate to include, as part of the complaints process, anything that is done that is not in accordance with that code. Because the Minister may, by instrument, allow a variation to the code, it also seems to me that that will mean that we have a very up-to-date way of continuing the empowerment of people that is intended by this piece of very good legislation. For that reason, Mr Deputy Speaker, I have proposed this amendment as part of the grounds for complaint.
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