HCSCC and the Law

HCSCC and the Law

The primary legislation for the HCSCC is the Health and Community Services Complaints Act 2004 (the Act). This Act sets out the functions and powers of the HCSCC.

HCSCC Charter of Health and Community Services Rights

Our Charter sets out the rights of all people, their families, carers and nominees who use health and community services in South Australia.

The Minister for Health and Ageing tabled the HCSCC Charter of Health and Community Services Rights in the South Australian Parliament on 8 March 2011. On the 23 June 2011, the HCSCC Charter came into effect.

For further information please read – About the HCSCC Charter.

Health Practitioner Regulation National Law Act 2009

On 1 July 2010, major changes to the regulation of registered health practitioners came into effect with the commencement of a national approach and the establishment of a national agency, the Australian Health Practitioner Regulation Agency (AHPRA). AHPRA is the administrative body responsible under the Health Practitioner Regulation National Law Act 2009 (the national law) which serves the 15 national registration boards.

AHPRA administers the registration, accreditation and notifications about individual nationally registered health practitioners in Australia. Please visit their website for further information.

AHPRA and HCSCC consult about the management of complaints involving a registered health practitioner.

Along with counterparts in each State and Territory, the HCSCC and AHPRA developed a written document that describes their legal obligations and how they will meet them. For further information please read the AHPRA and Health Complaint Entities – Memorandum of Understanding.

Carers Recognition Act 2005

The South Australian Carers Recognition Act 2005 (the Carers Act) recognises and supports carers and their role in the community. A key part of the Carers Act requires service providers to comply with the South Australian Carers Charter. The Carers Charter requires that:

  • carers should be recognised and valued
  • the role of carers must be recognised by including carers in the assessment, planning, delivery and review of services that impact on them and their role as a carer
  • when decisions are made that impact on carers, the views and needs of carers must be taken into account along with the views, needs and best interests of the people receiving care
  • carers need access to a wide range of responsive, affordable services to ensure informed decision making and support for them in their caring situation.

Carers are able to contact the HCSCC to discuss any concerns they have about services covered by HCSCC.

Freedom of Information exemption

Under the Freedom of Information (Exempt Agency) Regulations 2008 the HCSCC is exempt from the provisions of the Freedom of Information Act 1991.