List three types of legislation community services and health workers must comply with.

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.

Some legislation that social workers practising in Australia need to be aware of:

  • Administrative Appeals Tribunal Act 1975
  • Aged Care Act 1997
  • Disability Discrimination Act 1992
  • Family Law Act 1975
  • Migration Act 1958
  • Social Security Act 1991 
  • Social Security (Administration) Act 1999 

To access Commonwealth legislation use the database below.

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.

  • A list of acts and regulations administered by the department related to public health, mental health, health services provided to Victorians.
  • Ministerial Statements of Expectations aim to improve regulatory governance and performance. They outline the Government's priorities and objectives for each of the Department of Health & Human Services’ regulatory functions.

The full range of current Victorian legislation and parliamentary documents is available via the Victorian Legislation and Parliamentary Documents website. This site provides access to documents, including Bills, which are under consideration by the Parliament of Victoria, Acts and Statutory Rules in operation in Victoria and Consolidated Principal Acts and Statutory Rules in operation in Victoria at a given point in time.

To view the most current Acts and Regulations:

  • Select 'Victorian Law Today'.
  • Click either the 'Acts' or 'Statutory Rules' buttons.
  • Proceed to locate the Act or Regulations you are requiring.

Note: Victorian Law Today does not include Acts or Statutory Rules that were created only to amend other acts or statutory rules or acts and regulations that have not yet commenced. These Acts or Statutory Rules can be found in the Victorian Statute Book.

The materials presented in the publication are distributed by the Victorian Government for information purposes only. The information is provided solely on the basis that readers will be responsible for making their own assessments of the matters discussed and are advised to verify all relevant representations, statements and information and obtain independent advice before acting on any information contained in or in connection with this site.

Acts and Regulations

Administered by the Minister for Ambulance Services

  • Ambulance Services Act 1986

Administered by the Minister for Housing, Disability and Ageing

  • Health Services Act 1988 (jointly and severally administered with the Minister for Health)
    • Health Services (Private Hospitals and Day Procedure Centres) Regulations 2013
  • Supported Residential Services (Private Proprietors) Act 2010
    • Supported Residential Services (Private Proprietors) Regulations 2012

Administered by the Minister for Health

  • Abortion Law Reform Act 2008 (jointly administered with the Minister for Women)
  • Anglican Welfare Agency Act 1997
  • Assisted Reproductive Treatment Act 2008
    • Assisted Reproductive Treatment Regulations 2009
  • Cancer Act 1958
    • Cancer (BreastScreen Victoria Registry) Regulations 2003
    • Cancer (Reporting) Regulations 2012
  • Cemeteries and Crematoria Act 2003
    • Cemeteries and Crematoria Regulations 2015
  • Crown Land (Reserves) Act 1978 (provisions relating to specific Crown land)
  • Drugs, Poisons and Controlled Substances Act 1981 (jointly and severally administered with the Ministers for Mental Health and Agriculture)
    • Drugs, Poisons and Controlled Substances Regulations 2006
    • Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010
  • Epworth Foundation Act 1980
  • Food Act 1984
    • Food (Forms and Registration) Regulations 2005
  • Gene Technology Act 2001
    • Gene Technology Regulations 2011
  • Health (Commonwealth State Funding Arrangements) Act 2012
  • Health (Fluoridation) Act 1973
  • Health Practitioner Regulation National Law (Victoria) Act 2009
    • Health Practitioner Regulation National Law Regulation 2010
  • Health Practitioners (Special Events Exemption) Act 1999
  • Health Records Act 2001
    • Health Records Regulations 2012
  • Health Services Act 1988 (jointly and severally administered with the Minister for Housing, Disability and Ageing)
    • Health Services (Private Hospitals and Day Procedure Centres) Regulations 2013
  • Health Services (Conciliation and Review) Act 1987
  • Howard Florey Institute of Experimental Physiology and Medicine (Repeal) Act 2007
  • Human Tissue Act 1982
    • Human Tissue Regulations 2006
  • Improving Cancer Outcomes Act 2014
  • Land Act 1958 (provisions relating to specific land)
  • Lord Mayor’s Charitable Fund Act 1996
  • Medical Research Institutes Repeal Act 2008
  • Medical Treatment Act 1988
  • Non-Emergency Patient Transport Act 2003
    • Non-Emergency Patient Transport Regulations 2005
  • Pharmacy Regulation Act 2010
  • Prohibition on Human Cloning for Reproduction Act 2008
  • Public Health and Wellbeing Act 2008
    • Public Health and Wellbeing Regulations 2009
  • Radiation Act 2005
    • Radiation Regulations 2007
  • Research Involving Human Embryos Act 2008
  • Royal Melbourne Hospital (Redevelopment) Act 1992 (except section administered by the Minister for Education)
  • Safe Drinking Water Act 2003
    • Safe Drinking Water Regulations 2015
  • Therapeutic Goods (Victoria) Act 2010
  • Tobacco Act 1987
    • Tobacco Regulations 2007
    • Tobacco (Victoria Health Promotion Foundation) Regulation 2011

Administered by the Minister for Mental Health

  • Carers Recognition Act 2012 (jointly and severally administered with the Minister for Housing, Disability and Ageing and the Minister for Families and Children)
  • Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (jointly administered with the Attorney-General, the Minister for Families and Children and the Minister for Housing, Disability and Ageing)
    • Crimes (Mental Impairment and Unfitness to be Tried) Regulations 2009
  • Drugs, Poisons and Controlled Substances Act 1981 (jointly and severally administered with the Minister for Health and the Minister for Agriculture)
    • Drugs, Poisons and Controlled Substances (Drugs of Dependence - Synthetic Cannabinoids) Regulations 2014
    • Drugs, Poisons and Controlled Substances (Confiscation) Regulations 2014
    • Drugs, Poisons and Controlled Substances (Precursor Chemicals) Regulations 2007
    • Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014
  • Mental Health Act 2014
    • Mental Health Regulations 2014
    • Mental Health Tribunal Rules 2014
  • Severe Substance Dependence Treatment Act 2010 (except sections administered by the Attorney-General)
    • Severe Substance Dependence Treatment Regulations 2011

Other relevant Acts and Regulations

  • Audit Act 1994
  • Charter of Human Rights and Responsibilities Act 2006
  • Coroners Act 2008
  • Crimes Act 1958
  • Financial Management Act 1994
  • Freedom of Information Act 1982
  • Guardianship and Administration Act 1986
  • Information Privacy Act 2000
  • Interpretation of Legislation Act 1984
  • Occupational Health and Safety Act 2004
  • Ombudsman Act 1973
  • Privacy and Data Protection Act 2014
  • Public Administration Act 2004
  • Public Records Act 1973
  • Sentencing Act 1991
  • Subordinate Legislation Act 1994
  • Protected Disclosure Act 2012

Ministerial Statements of Expectations

Ministerial Statements of Expectations aim to improve regulatory governance and performance. The statements articulate the Government's priorities and objectives for each of the Department of Health & Human Services’ regulatory functions.

The development of the statements is a collaborative effort. Consultation takes place to ensure the statements are fit for purpose and take into account the regulator's circumstances, including objectives, legislative basis, and current practices and processes.

Statement of Expectations

  • Ministerial Statement of Expectations - Letter

Response

  • Response to the Statement of Expectations - Table of Actions
  • Response to the Statement of Expectations - Letter

Reviewed 28 October 2021