Australian Capital Territory Numbered Acts

COMMUNITY AND HEALTH SERVICES (NO. 50 OF 1997) - SECT 8

8. Section 5 of the Principal Act is amended—

    (a)     by inserting “in the provision of a health service (other than a service for aged people or a service for people with a disability)” after “unreasonably”; and

    (b)     by adding at the end the following subsection:

“(2) In determining, for the purposes of this Act, whether a provider has acted unreasonably in the provision of a service for aged people or a service for people with a disability, the Commissioner shall have regard to—

        (a)     in the case of the provision of a service for people with a disability—

              (i)     the human rights principles set out in Schedule 1 to the Disability Services Act 1991 ;

              (ii)     the requirements to be complied with in relation to the design and implementation of programs and services relating to people with disabilities set out in Schedule 2 to that Act;

              (iii)     the National Standards for Mental Health Services endorsed by the Australian Health Ministers Advisory Council's National Mental Health Working Group, as amended from time to time;

              (iv)     the generally accepted standard of service delivery expected of a provider of that kind; and

              (v)     such other standards of service for people with a disability as are prescribed; and

        (b)     in the case of the provision of a service for an aged person—

              (i)     the Home and Community Care National Service Standards (known as the HACC Standards) as amended from time to time;

              (ii)     the generally accepted standard of service delivery expected of a provider of that kind; and

              (iii)     such other standards of service for aged persons as are prescribed.”.