Legislation

The Health and Disability Services Complaints Office (HaDSCO) is an independent Statutory Authority which operates under a number of Western Australian legislative frameworks including:

• The Health and Disability Services (Complaints) Act 1995 - the primary enabling legislation which sets out the functions, operations and powers of HaDSCO and covers complaints relating to health service providers.

• The Health and Disability Services (Complaints) Amendment Act 2022 - passed by the Western Australian Parliament in October 2022 and which gives HaDSCO responsibility to implement the National Code of Conduct for health care workers in Western Australia, through receiving complaints, undertaking investigations and issuing Prohibition Orders and Public Health Warning Statements. Note - The National Code of Conduct for health care workers has not yet commenced and will commence on a day when proclaimed by the WA Government.

• Part 6 of the Disability Services Act 1993 sets out the powers of HaDSCO in relation to complaints about disability service providers.

• Part 19 of the Mental Health Act 2014 sets out the powers of HaDSCO in relation to complaints about mental health service providers.
  
  
• Voluntary Assisted Dying Act 2019 - Under this legislation, HaDSCO manages complaints about the voluntary assisted dying process.

• HaDSCO also has shared legislative responsibility for complaints relating to 'declared places' (places identified by the Disability Services Commission for the detention and rehabilitation of people who are 'mentally impaired accused') under the Declared Places (Mentally Impaired Accused) Act 2015.

• In accordance with the Health Practitioner Regulation National Law (WA) Act 2010, HaDSCO consults with Australian Health Practitioner Regulation Agency (Ahpra) about complaints relating to registered health practitioners to determine the more appropriate agency to manage the complaint.

• HaDSCO may manage complaints about health, disability and mental health service providers that do not comply with the Western Australian Carers Charter under the Carers Recognition Act 2004.  The Western Australian Carers Charter states that: 

1. Carers must be treated with respect and dignity.
2. The role of carers must be recognised by including carers in the assessment, planning, delivery and review of services that impact on them and the role of carers.
3. The views and needs of carers must be taken into account along with the views, needs and best interests of people receiving care when decisions are made that impact on carers and the role of carers.
4. Complaints made by carers in relation to services that impact on them and the role of carers must be given due attention and consideration.

A carer who believes a relevant service provider has not met their obligations in the Carers Charter should firstly raise their concerns with the service provider involved.  If the matter is not resolved, the carer can contact HaDSCO. 

**HaDSCO also provides services in the Indian Ocean Territories in partnership with the Australian Government, through Commonwealth funding support. Western Australian legislation as mentioned is applied to the Indian Ocean Territories as part of HaDSCO’s Service Delivery Arrangement with the Australian Government.