South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"carer" means a person who is a carer for the purposes of the Carers
Recognition Act 2005 ;
"Charter" means the Health and Community Services Rights Charter under Part 3;
"Commissioner" means the Health and Community Services Complaints Commissioner
appointed under Part 2 (and includes a person acting in that office from time
to time);
"community service" means—
(a) a
service for the relief of poverty, social disadvantage, social distress or
hardship; or
(b) a
service for the provision of emergency relief or support; or
(c) a
service for the care or protection of any child who has been abused or
neglected, or allegedly abused or neglected, and includes any service that
relates to the notification of any case of child abuse or neglect (or alleged
child abuse or neglect), or the investigation of a case where a child may be
in need of care or protection, or any subsequent action taken by a service
provider arising from any such investigation; or
(d) a
service for the social advancement of disadvantaged groups; or
(e) a
service of a class included within the ambit of this definition by the
regulations; or
(f) an
administration service directly related to a service referred to in a
preceding paragraph,
but does not include—
(g) a
service that provides employment search or placement services, or that
provides employment related training or retraining; or
(h) a
service of a class excluded from the ambit of this definition by the
regulations;
Examples—
The following are examples of community services:
· a service that
provides community support or care;
· a service for
the provision of emergency accommodation or relief (including by the provision
of emergency financial support), or for the provision of accommodation or
support to the socially disadvantaged;
· a counselling,
advice or community information or awareness service;
· a community
advocacy, self-help or mutual aid service.
"community service provider" means a person, government agency or body of
persons (whether corporate or unincorporated) who or which—
(a)
provides a community service; or
(b)
holds himself, herself or itself out as being able to provide a
community service;
"community service user" means a person who uses or receives, or who is
seeking to use or receive, a community service;
"complainant" means a person who makes a complaint and includes a person on
whose behalf a complaint is made;
"complaint" means a complaint under this Act;
"conciliator" means a conciliator appointed under this Act;
"confidential information" includes—
(a)
information about the identity, occupation or whereabouts of a complainant,
health or community service user or health or community service provider
involved in a complaint, investigation or inquiry under this Act;
(b)
information disclosed by a complainant, health or community service user or
health or community service provider for the purposes of any complaint,
investigation or inquiry under this Act;
(c)
personal information about a complainant, health or community service user or
health or community service provider under this Act;
(d)
information the release of which would cause personal distress to a person;
(e)
information provided on a confidential basis or otherwise affected by a
requirement as to confidentiality;
"Council" means the Health and Community Services Advisory Council established
under Part 8;
"Department" means the department of the Minister to whom the administration
of this Act has been committed;
"government agency" means—
(a) a
department or administrative unit of the Public Service; or
(b) any
other agency or instrumentality of the Crown; or
(c) a
local government council;
"health professional" means—
(a) a
registered service provider; or
(b) an
audiologist, audiometrist, optical dispenser, dietitian, prosthetist,
psychotherapist, radiographer, therapeutic counsellor, social worker or
provider of forensic or pathology services; or
(c) any
other person who has an occupation that is based on providing health care or
treatment to others; or
(d) a
person who is training to become a person engaged in an occupation referred to
in a preceding paragraph and who, as part of that training, is engaged in the
provision of health care or treatment to others,
but does not include a person whose occupation is excluded from the ambit of
this definition by the regulations;
"health service" means—
(a) a
service designed to benefit or promote human health; or
(b) a
service provided in association with the use of premises for the care,
treatment or accommodation of persons who are aged or who have a physical
disability or mental dysfunction; or
(c) a
diagnostic or screening service; or
(d) an
ambulance service; or
(e) a
service to treat or prevent illness, injury, disease or disability; or
(f) a
service provided by a health professional; or
(g) a
service involving the provision of information relating to the promotion or
provision of health care or health education; or
(h) a
service of a class included within the ambit of this definition by the
regulations; or
(i)
a social, welfare, recreational or leisure service if
provided as part of a service referred to in a preceding paragraph; or
(j) an
administration service directly related to a service referred to in a
preceding paragraph,
but does not include—
(k) the
process of writing, or the content of, a health status report;
(l) a
service of a class excluded from the ambit of this definition by the
regulations;
Examples—
The following are examples of health services:
· a service
provided at a hospital, health institution or aged care facility;
· a medical,
dental, pharmaceutical, mental health, community health or environmental
health service;
· a laboratory
service;
· a laundry, dry
cleaning, catering or other support service provided in a hospital, health
institution or aged care facility.
"health service provider" means a person, government agency or body of persons
(whether corporate or unincorporated) who or which—
(a)
provides a health service; or
(b)
holds himself, herself or itself out as being able to provide a health
service;
"health service user" means a person who uses or receives, or who is seeking
to use or receive, a health service;
"health status report" means a report prepared by a person, agency or body on
the physical, mental or emotional health of a person where the purpose for
preparing the report is not for the purpose of providing a health service
within the meaning of paragraphs (a) to (j) (inclusive) of the
definition of "health service";
"local government council" means—
(a) a
council under the Local Government Act 1999 ; or
(b) a
body established by a council under the Local Government Act 1999 ; or
(c) a
body that is pursuant to an Act vested with the powers and functions of a
council under the Local Government Act 1999 ;
"nationally registered health practitioner" means a registered health
practitioner under the Health Practitioner Regulation National Law and
includes a person who was, but is no longer, registered in a health profession
under that law (or a previous corresponding Act of the State);
"power of attorney" includes a medical power of attorney;
"professional mentor" means a professional mentor appointed under Part 2;
"register" means register, license, approve, admit, certify (including by way
of practising certificate) or authorise in any other manner pursuant to an Act
(including pursuant to the Health Practitioner Regulation National Law (South
Australia) ) a person to provide a health or community service or to practise
as a health or community service provider;
"registered service provider" means a health or community service provider
registered by a registration authority;
"registration authority" means—
(a) the
body with the function, under a registration law, of determining an
application for registration under that law and includes a body vested with
disciplinary powers under a registration law; or
(b) any
other body brought within the ambit of this definition by the regulations;
"registration law" means—
(a) the
Health Practitioner Regulation National Law ; or
(b) the
Health Practitioner Regulation National Law (South Australia) Act 2010 ;
or
(c) the
Occupational Therapy Practice Act 2005 ; or
(d) an
Act brought within the ambit of this definition by the regulations;
"relevant registration authority" in relation to a person, means a
registration authority that has registered that person;
"State Ombudsman" means the Ombudsman under the Ombudsman Act 1972 ;
"volunteer" means a person who receives no remuneration for acting in a
particular capacity (being a capacity associated with the provision of a
health or community service).
(2) A
registration authority will not be taken to be a health or community
service provider for the purposes of this Act.