About us
The Health Complaints Act 1995 established an independent statutory body to receive and respond to health complaints in a fair, unbiased and impartial manner. The Health Complaints Commissioner provides people with an independent mechanism for resolving complaints between users and providers of public and private health services.
Information and education
Commitment to good complaints handling
Early resolution
Complaint assessment
Referrals to registration boards or other statutory bodies
Conciliation
Investigation
The Office seeks to inform the public and health service providers about the role of the Commissioner and the service provided by the Office. Staff will provide information, education and advice on the Office and its functions; will promote health rights and seek to put in place a complaints system with the capacity to improve best practice.
Commitment to good complaints handling
The Commissioner encourages the early and equitable resolution of complaints by:
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acting impartially towards health service users and health service providers
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acting within its statutory powers and in accordance with procedural fairness
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providing accurate information in a courteous manner
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being prompt and responsive to calls and correspondence
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abiding by statutory timelines
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seeking to establish the facts and arrive at just outcomes by the most appropriate means
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promoting open and transparent decision making by providing reasons for its decisions
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identifying systemic issues underlying complaints
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respecting and promoting health rights and responsibilities
A person who enquires about making a complaint may be advised to first attempt to resolve the concern directly with the service provider. Our Office can assist by helping facilitate this or providing information. Contact our office to discuss your concerns with an enquiries officer. Information and a complaint form can be sent to you.
After a complaint is lodged it is assessed. If it can't be resolved it may be:
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referred to conciliation
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investigated
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dismissed
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referred to a registration board or statutory body
Referrals to registration boards or other statutory bodies
Complaints about registered health providers, such as medical practitioners, dentists or nurses can be referred to a registration board.
The Commissioner consults with the eleven registration boards to decide the action to be taken if the complaint relates to a registered health service provider.
If appropriate, a complaint may be referred to the Ombudsman, Disability Services Ethics Committee, the Aged Care Complaints Resolution Scheme, the Coroner, the Anti-Discrimination Commissioner or any other entity with the legal basis to accept the complaint.
Conciliation is a free complaint resolution service provided by the Health Complaints Commissioner.
Complaints resolved by conciliation can be put in the form of a binding agreement and may cover compensation and other forms of redress including an apology.
Conciliation provides an alternative dispute resolution process and an opportunity to resolve a complaint in a manner that can be agreed between the parties.
Some complaints are referred to investigation.
The Commissioner can investigate complaints and conduct 'own motion' enquiries into matters of public interest or public safety and must conduct an enquiry if directed to do so by the Minister for Health.
The Commissioner can make recommendations to improve the safety and quality of health care services by identifying the cause of complaints and suggesting ways of resolving and remedying these problems.
The Commissioner, in conjunction with the registration boards and with regard to the standards of professional bodies, may make recommendations to improve the practice of health care providers and improve the safety and quality of health services.