REVIEW OF HEALTH AND COMMUNITY SERVICES COMPLAINTS ACT 2004

PSA has been advised by Dr Tony Sherbon, Chief Executive Department of Health, of the commencement of the Review of the Health and Community Services Complaints Act 2004.

Section 88 of the Health and Community Services Complaints Act 2004 (HCSC Act) states that the Act must be reviewed as soon as practicable after the third anniversary of its commencement.  An independent reviewer has been appointed by the Minister for Health to prepare a report on the operation of the Act over its first three years and the extent to which the objects of the Act have been attained, and any other matters determined by the Minister to be relevant to a review of the Act.

Section 3 of the HCSC outlines the objects of the Act as follows:

(a) to improve the quality and safety of health and community services in South Australia through the provision of a fair and independent means for the assessment, conciliation, investigation and resolution of complaints

(b) to provide effective alternative dispute resolution mechanisms for users and providers of health or community services to resolve complaints

(c) to promote the development and application of principles and practices of the highest standard in the handling of complaints concerning health or community services

(d) to provide a scheme that can be used to monitor trends in complaints concerning health or community services

(e) to identify, investigate and report on systemic issues concerning the delivery of health or community services.

Terms of Reference

Terms of reference have been agreed for the review.  A report of the review will be provided to the Minister for Health, the Minister for Families and Communities and the Minister for Mental Health and Substance Abuse, within six months of appointment of the independent reviewer, and will:

* consider the operation of the Health and Community Services Complaints Act 2004 over its first three years

* assess the mechanisms established under the Act to provide a fair and independent means for assessment, conciliation, investigation and resolution and complaints in South Australia

* assess the mechanisms established to monitor complaints

* assess the identification, investigation and reporting on systemic issues concerning the delivery of health or community services

* assess the principles and practices in complaint handling developed and used by the Commissioner

* consider the functions and powers of the Health and community Services Complaints commissioner and make recommendations about any necessary structural, functional or procedural changes.

PSA as a key stakeholder, will be forwarding a submission as part of the review to ensure that the Health and Community Services Complaints Act continues to meet its objective of providing an appropriate complaints resolution mechanism for health and community services in South Australia.  Members who wish to make any comments are welcome to forward them to PSA Industrial Officer Dolly Costello on email dlc@cpsu.asn.au by close of business Monday 16 June 2008.