Western Australia

Health and Disability Services (Complaints) Act 1995

Health and Disability Services (Complaints) Regulations 2010

Reprint 1: The regulations as at 12 August 2011

Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

·removed (because it was repealed or deleted from the law); or

·omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

Reprinted under the Reprints Act 1984 as

at 12 August 2011

Western Australia

Health and Disability Services (Complaints) Regulations 2010

CONTENTS

1.Citation1

2.Commencement1

3.Prescribed time (Act s. 75(1))1

4.Prescribed providers and classes of providers (Act s. 75(1))2

5.Return, form of (Act s. 75(2))2

Schedule 1 — Private hospitals

Schedule 2 — Form

1.Annual return of complaints information4

Notes

Compilation table12

	Reprinted under the Reprints Act 1984 as
	at 12 August 2011

Western Australia

Health and Disability Services (Complaints) Act 1995

Health and Disability Services (Complaints) Regulations 2010

1.Citation

These regulations are the Health and Disability Services (Complaints) Regulations 2010 1.

[Regulation 1 inserted in Gazette 20 May 2011 p. 1838.]

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day after that day 1.

3.Prescribed time (Act s. 75(1))

For the purposes of section 75(1) of the Act, the prescribed time is 31 days.

4.Prescribed providers and classes of providers (Act s. 75(1))

(1)For the purposes of section 75(1) of the Act, each of these is a prescribed provider —

(a)the chief executive officer of the department of the Public Service principally assisting in the administration of the Prisons Act 1981;

(b)the chief executive of St John Ambulance Australia ( Western Australia ) Inc.;

(c)the chief executive of the Royal Flying Doctor Service of Australia (Western Operations);

(d)the chief executive of Silver Chain Nursing Association Incorporated.

(2)For the purposes of section 75(1) of the Act, each of these is a prescribed class of providers —

(a)the class comprising boards constituted under the Hospitals and Health Services Act 1927 (including the Minister responsible for the administration of that Act in relation to any public hospital controlled by him or her under section 7 of that Act);

(b)the class comprising the people who manage or are the chief executives of the private hospitals listed in Schedule 1.

[Regulation 4 amended in Gazette 20 May 2011 p. 1838.]

5.Return, form of (Act s. 75(2))

For the purposes of section 75(2) of the Act, the prescribed form is Form 1 in Schedule 2.

Schedule 1 — Private hospitals

[r. 4(2)(b)]

[Heading inserted in Gazette 20 May 2011 p. 1838.]

1. Abbotsford Private Hospital

2. Albany Community Hospice

3. Attadale Private Hospital

4. Bethesda Hospital

5.Busselton Hospice Care Incorporated

6. Glengarry Private Hospital

7. Hollywood Private Hospital

8.Joondalup Health Campus

9.The Marian Centre

10. Mercy Hospital

11. Mount Hospital

12. Mount Lawley Private Hospital

13.Ngala Family Services

14.Peel Health Campus

15. Perth Clinic

16. South Perth Hospital

17.St John of God Hospital , Bunbury

18.St John of God Hospital , Geraldton

19.St John of God Hospital , Murdoch

20.St John of God Hospital , Subiaco

21.Subiaco Private Hospital Pty Limited

22. Waikiki Private Hospital

[Schedule 1 inserted in Gazette 20 May 2011 p. 1838-9.]

Schedule 2 — Form

[r. 5]

1.Annual return of complaints information

Health and Disability Services (Complaints) Act 1995 s. 75 Annual return of complaints information
The information in this return must relate to complaints received by the provider in the year ending on the previous 30 June (whether or not the complaints were resolved in that year).
This return must be given to the Director of the Health and Disability Services Complaints Office by 31 July each year.
Name of provider		[name]
Return year (e.g. 2009/2010)		[year]
General information about complaints
Total number of complaints received			[number]
Total number of complaints referred to another organisation			[number]
Who made the complaints (the complainants)	People who were users		[number]
	People who were acting on behalf of users		[number]
	Unknown		[number]
Information about users who were complainants or on whose behalf complaints were made
Gender	Male		[number]
	Female		[number]
	Unknown		[number]
English	First language		[number]
	Not first language		[number]
	Unknown		[number]
Aboriginal or Torres Strait Islander	Yes		[number]
	No		[number]
	Unknown		[number]
Age (years)	0‑9		[number]
	10‑19		[number]
	20‑29		[number]
	30‑39		[number]
	40‑49		[number]
	50‑59		[number]
	60‑69		[number]
	70‑79		[number]
	80‑89		[number]
	90+		[number]
	Unknown		[number]
Residential postcode	6000‑6199		[number]
	6200‑6299		[number]
	6300‑6399		[number]
	6400‑6499		[number]
	6500‑6599		[number]
	6600‑6699		[number]
	6700‑6799		[number]
	Other or unknown		[number]
Information about complainants who were acting on behalf of users
Gender	Male		[number]
	Female		[number]
	Unknown		[number]
English	First language		[number]
	Not first language		[number]
	Unknown		[number]
Aboriginal or Torres Strait Islander	Yes		[number]
	No		[number]
	Unknown		[number]
Age (years)	18‑29		[number]
	30‑39		[number]
	40‑49		[number]
	50‑59		[number]
	60‑69		[number]
	70‑79		[number]
	80‑89		[number]
	90+		[number]
	Unknown		[number]
Residential postcode	6000‑6199		[number]
	6200‑6299		[number]
	6300‑6399		[number]
	6400‑6499		[number]
	6500‑6599		[number]
	6600‑6699		[number]
	6700‑6799		[number]
	Other or unknown		[number]
Categories of complaint
Access	Delay in admission or treatment		[number]
	Waiting list delay		[number]
	Staff member or contractor unavailable		[number]
	Inadequate resources/lack of service		[number]
	Refusal to provide services		[number]
	Failure to provide advice about transport options		[number]
	Physical access/entry		[number]
	Parking		[number]
	Total		[number]
Communication	Inadequate information about diagnostic testing, treatment procedures and risks		[number]
	Inadequate information about services available		[number]
	Misinformation or failure in communication (but not failure to consult)		[number]
	Inadequate or inaccurate records		[number]
	Inadequate communication		[number]
	Inappropriate verbal/nonverbal communication		[number]
	Failure to listen to patient/client/carer/family		[number]
	Total		[number]
Decision making	Failure to consult patient/client		[number]
	Choice regarding admission as public or private patient		[number]
	Consent not informed		[number]
	Consent not obtained		[number]
	Consent invalid		[number]
	Total		[number]
Quality of clinical care	Inadequate assessment		[number]
	Inadequate treatment/therapy		[number]
	Poor coordination of treatment		[number]
	Failure to provide safe environment		[number]
	Pain		[number]
	Medication		[number]
	Complications after surgical procedure		[number]
	Complications after non-surgical procedure		[number]
	Inadequate infection control		[number]
	Patient’s test results not followed up		[number]
	Discharge or transfer arrangements		[number]
	Refusal to refer for or assist to obtain a second opinion		[number]
	Total		[number]
Costs	Inadequate information about costs		[number]
	Unsatisfactory billing practice		[number]
	Amount charged		[number]
	Over‑servicing		[number]
	Private health insurance		[number]
	Lost property		[number]
	Responsibility for costs and resourcing		[number]
	Total		[number]
Rights, respect and dignity	Patient rights		[number]
	Inconsiderate service/lack of courtesy		[number]
	Absence of caring		[number]
	Failure to ensure privacy		[number]
	Breach of confidentiality		[number]
	Discrimination		[number]
	Failure to comply with the requirements of the Mental Health Act 1996		[number]
	Translating and interpreting service problems		[number]
	Certificate or report problems		[number]
	Denying or restricting access to personal health records		[number]
	Total		[number]
Grievances	Response to a complaint		[number]
	Reprisal following a complaint		[number]
	Total		[number]
Corporate services	Administrative actions		[number]
	Catering		[number]
	Physical surroundings/environment		[number]
	Security		[number]
	Cleaning (inadequate provision and maintenance of a clean environment)		[number]
	Inaccuracy of records		[number]
	Total		[number]
Misconduct	Fraud/illegal practice of a financial nature		[number]
	Illegal practices (e.g. abortion, sterilisation or euthanasia)		[number]
	Physical or mental impairment of health professional		[number]
	Sexual impropriety (behaviour that is sexually demeaning to a patient/client including comments or gestures)		[number]
	Sexual misconduct		[number]
	Aggression/assault		[number]
	Unprofessional behaviour (e.g. shouting, swearing, inappropriate comments or gestures)		[number]
	Total		[number]
Carers	Failure to consider needs of carer		[number]
	Failure to consult carer		[number]
	Failure to treat carer with respect and dignity		[number]
	Failure to address carer’s complaint		[number]
	Total		[number]
Information about resolving complaints
Outcome of complaints	Concern registered		[number]
	Explanation provided		[number]
	Apology provided		[number]
	Costs refunded/reduced		[number]
	Compensation paid		[number]
	Services provided		[number]
	Change in practice/procedure effected		[number]
	Change in policy effected		[number]
	Counselling and/or performance support and development provided to staff member or contractor		[number]
	Complaints withdrawn by complainants		[number]
	Complaints not yet resolved		[number]
Time (days) taken to resolve complaints	0‑15		[number]
	16‑30		[number]
	31‑60		[number]
	61‑90		[number]
	91‑120		[number]
	121‑150		[number]
	151‑180		[number]
	181‑210		[number]
	211+		[number]

[Schedule 2 amended in Gazette 20 May 2011 p. 1839.]

Notes

1This reprint is a compilation as at 12 August 2011 of the Health and Disability Services (Complaints) Regulations 2010 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation	Gazettal	Commencement
Health Services (Conciliation and Review) Regulations 2010 2	21 May 2010 p. 2159-73	r. 1 and 2: 21 May 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 22 May 2010 (see r. 2(b))
Health Services (Conciliation and Review) Amendment Regulations 2011	20 May 2011 p. 1837-9	r. 1 and 2: 20 May 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 21 May 2011 (see r. 2(b))
Reprint 1: The Health and Disability Services (Complaints) Regulations 2010 as at 12 Aug 2011 (includes amendments listed above)

2Now known as the Health and Disability Services (Complaints) Regulations 2010; citation changed (see note under r. 1).

By Authority: JOHN A. STRIJK, Government Printer