Legislation

The Commission was established under the Health Care Complaints Act 1993. The Act defines the scope of the Commission’s work

The following legislation is also essential to the Commission's work:

• Health Practitioner Regulation National Law (NSW)
• Public Health Regulation, Schedule 3 (Code of conduct for non-registered health practitioners)
• Public Health Regulation, Schedule 4(Code of conduct for health organisations)

Legislative amendments to powers and functions of the Commission

On 21 October 2020, the Parliament of NSW passed the Health Legislation (Miscellaneous Amendments) Bill 2020, which largely commenced on the date of assent on 27 October 2020. Amendments relevant to the work of the Commission include:

• The ability to issue a public warning in relation to a named health service provider (individual or organisation).
• The power to refer complaints for local resolution to a private health facility 
• The power to refer complaints to a broader range of bodies
• Amendments to search warrant powers
• New powers relating to health organisations
• Increases to maximum penalties and sanctions for offences
• A new compliance framework to ensure effective compliance monitoring and enforcement with interim prohibition orders and prohibition orders
• Amendment to disclosure of information 

Further information about these changes is available her

On 1 September 2022, the Public Health Regulation 2022 was amended to introduce a Code of Conduct for health organisations.

The Code of Conduct sets out the minimum practice and ethical standards that a relevant health organisation and its employees must comply with. The Code also informs consumers what they can expect from relevant health organisations and their employees.

If an employee is a health practitioner to which the non-registered health practitioner Code of Conduct applies, the organisation must ensure its employees comply with that Code.

Consumers can lodge a complaint with the Commission if they have concerns about the conduct or services delivered by a relevant health organisation or its employees.