Health And Community Services Complaints (Miscellaneous) – Amendment Bill
24/02/2011
The Hon. K.L. VINCENT (17:40): I will speak briefly to this bill—briefly because I was told, more or less at the final hour, by the minister’s representative, that it would be taken through its second reading today. That is disappointing, to say the least, because something as important as health and community services complaints should not be rushed.
The Hon. G.E. Gago interjecting:
The Hon. K.L. VINCENT: Well, that is all right then—
The Hon. G.E. Gago: So, you can take your time.
The Hon. K.L. VINCENT: I intend to; I would have anyway, but thank you very much. As we all know, this bill seeks to amend the Health and Community Services Complaints Act, and I believe that the amendments, if passed, would indeed improve the way in which the act operates. So, from the outset, I indicate that I will support the bill. Of course, I do acknowledge that some constituents have come to me with grave concerns about the HCSCC and the commissioner and, while this bill does not allay all those concerns, as I said, the improvements therein make for a good start.
First, the bill provides for an additional principle to be included in the Charter of Health And Community Services Rights, which I understand we have now tabled, so who knows what other programs we shall see, which is good—
The Hon. A. Bressington: Probably not much.
The Hon. K.L. VINCENT: Come on Ann, get into the spirit—we have a draft! The right for people—
The Hon. J.M.A. Lensink interjecting:
The PRESIDENT: I think the Hon. Ms Vincent has got the gist of parliament, and I reckon she can work that out.
The Hon. K.L. VINCENT: Thank you very much, sir. I am about quarter of the way through now, so I may as well soldier on. This bill provides for an additional principle to be included in the Charter of Health And Community Services Rights, that is, the right for people to be supported by a person of his or her choice when making a complaint. I believe this is an improvement to the current status quo.
Sometimes people need support when making complaints, and in various circumstances people may only make complaints when they do have support. Therefore, it makes sense to me that the commissioner must have regard to this important principle when reviewing the charter. I understand that this principle is in the draft charter that is currently with the minister (although it has been tabled now, as I said). If not, I would hope that the draft charter is amended so as to include this.
It also makes sense to place a higher onus on a service provider to ensure that it takes action in response to complaints that have been made against it. As the act stands now it is up to the service provider as to whether it informs the commissioner of what action is taken in relation to a complaint, and it should not be up to the service provider to decide whether it provides this information. What is the point of having a Health and Community Services Complaints Commission if it does not have the power to find out what action has been taken in response to a complaint?
It is logical for complaint resolution bodies to work together. All too often different government departments and authorities have a silo mentality but, let’s face it, in many instances it is worth working together, especially if the authorities are fighting the same fight, so to speak. That is why I believe that the act will be improved if the commissioner can not only refer but also provide information and assistance to complaint resolution bodies under the commonwealth Aged Care Act.
I agree that there also needs to be more scope for people to make confidential complaints. Some people will not even complain if their identity is disclosed and this can be for a range of reasons, for example, if the person is an employee of an organisation. At the same time, there must be a balance so that people cannot go around complaining for the sake of it, so to speak, just to be vexatious or difficult. I believe that this bill strikes the right balance.
It is no surprise that I support the way in which the bill requires a carer to be on the Health and Community Services Advisory Council. Carers play such an important role in our community and are at the coalface, so to speak, when it comes to complaints. People with disabilities and older people are more likely to access health services and community services than other people in our population and are also more likely to have a carer. So, it makes perfect sense to me for a carer representative to advise the minister and the commissioner about health and community services complaints.
Finally, I guess the big-ticket item on this bill is to provide the commissioner with powers to effectively oversee unregistered health professionals such as social workers, kinesiologists, naturopaths, etc. Again, I think this bill takes a step in the right direction in, firstly, setting up a code of conduct for the unregistered health professionals and then providing powers to the Health and Community Complaints Commissioner to take action in relation to unscrupulous dealings. It is only fair that there should be some sort of redress for dodgy operators. One more sentence, I promise.
The Hon. T.J. Stephens: How long is the sentence though?
The Hon. K.L. VINCENT: Listen intently and you will find out.
The Hon. T.J. Stephens: I am.
The Hon. K.L. VINCENT: I wasn’t saying you weren’t; I am just making sure. I wish only that I had more time to speak to this, but unfortunately—
Members interjecting:
The Hon. K.L. VINCENT: Drum roll—but unfortunately my speech was written on the run in response to the government making law on the run. In any event, I will be supporting the bill. Thank you for your patience, sir.
