How to make a complaint
The Health Complaints Commissioner was established to provide people with an effective means of making a complaint about health services and health service providers.
Any person may contact the Commissioner and seek information about making a complaint by phone, in person, over the internet, by email or post. If you are unsure about whether you can complain please feel free to discuss this with the Health Complaints enquiries officer.
Complaint forms
MS Word file (to save and email or print)
PDF / Adobe (to print and mail)
Complaint Form for Complaint Made by Someone on Behalf of Consumer
Enquiries
The enquiries officer can explain what happens when a complaint is made, encourage and assist you to resolve the complaint with the provider where possible and appropriate; help with special needs such as interpreter services and advise you what supporting information is required to substantiate your complaint.
For a full listing of contact details Click Here
Making a complaint
Complaints are received under the Health Complaints Act 1995 and accepted if they are:
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against a health service
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on grounds covered by the Health Complaints Act
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made by a person entitled to make a complaint
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not dismissed under s.25(5)
Complaints should be in writing and signed by the person making the complaint. Those making a complaint are sent a complaint form to complete and, if needed, help will be given to complete the form and identify the main issues of the complaint.
The complaint form, a brochure and information on conciliation can posted to you or downloaded from this site.
You need to have the correct name and contact details of the health service provider who gave you the service and a clear summary of what happened and when. In some cases, supporting information will be needed to help identify the person who provided the service. You should list your main concerns and realistic objectives.
If you are the health service user making a complaint, you need to sign the authorisation to enable the Health Complaints Commissioner's staff to access medical records relevant to your complaint.
If you are making the complaint on behalf of another person then that person should sign the authorisation to access medical records or agree to you representing them.
Third party complaints
A person can make a complaint on behalf of another person and the Commissioner can enquire into any matter relating to a health service.
It is preferable that the health care user is the person who makes the complaint but where the consumer is a child or the person is unable to make the complaint, then the Commissioner will consider acceptance of a complaint by another person. If a complaint is investigated there are powers under the Health Complaints Act 1995 to obtain records.
The complaint process
Early resolution
The Commissioner promotes the early resolution of complaints by encouraging the health service user and health service provider to resolve the complaint directly or with our assistance. If the matter is not resolved quickly and to the satisfaction of all concerned it proceeds to assessment. If it is not appropriate to expect direct resolution we will request the provider to respond directly to the Commissioner.
Complaint assessment and action taken on the complaint
The complaint must be assessed within 45 days although there is discretion to extend that time limit. During that period the health service provider has an opportunity to respond to the complaint. Health records and reports may be obtained and with complex matters the Commissioner may seek expert advice to assist with assessing the complaint and consult with registration boards. The health service user has an opportunity to consider the health service provider's response and is invited to correct any factual errors or make further submissions.
After the complaint is assessed the Commissioner decides what action is most appropriate to take to deal with the matters raised by the complaint. The complaint can be split and processed according to the outcomes sought or the statutory requirements. A complaint may be referred to:
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a registration board or other statutory body
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conciliation
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investigation; or
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be dismissed
Notice of action taken
You will be given notice about the action to be taken. When the complaint is accepted, an officer will be nominated to handle the complaint file and be the contact person for both the health service user and the health service provider. You should contact this officer for any information about the complaint and complaint procedures.
Registration boards
In some cases, the complaint is referred to a registration board. The Commissioner cannot refer a complaint, or accept a complaint from a registration board, unless there has been consultation. This is so that the board investigates serious complaints about a provider's competence, capacity or conduct and the Commissioner deals with all other complaints.
The two statutory schemes, the registration boards and the Health Complaints Commissioner, cover virtually all complaints about health services and providers, whether public or private, registered or not registered.
If the matter is not within the jurisdiction of the registration boards then the Commissioner handles the complaint. The Commissioner is guided by the view of the registration board as to whether or not a matter should be referred to the board or retained by the board.
Conciliation
If the Commissioner considers that a complaint is appropriate for conciliation, both parties are invited to participate in the conciliation process.
Conciliation is a form of alternative dispute resolution and provides a useful forum through which a complaint might be resolved by discussion and negotiation between the parties. It provides an opportunity for the complainant to ask questions about the health service they have received and for the provider to give information and explanations for their actions.
The Commissioner cannot make an award for compensation but where claims of negligence or personal injury are made conciliation allows mutually satisfactory outcomes to be negotiated.
Conciliation is an effective alternative to litigation as it is inexpensive, collaborative and confidential. Complaints may be split to allow early resolution or conciliation of some aspects of the complaint even though the matter may have been referred to the registration body.
Some complaints may have arisen out of the negligence of the provider and the health service user seeks to negotiate compensation and other outcomes through conciliation.
An error or mistake does not necessarily result in disciplinary action. For this reason the consultation with the boards is an important function of the Health Complaints Commissioner.
Investigations
A complaint may be investigated under Part 6 of the Health Complaints Act 1995.
Conclusion or resolution
Some complaints are resolved at conciliation or by the provider accepting the Commissioner's recommendations following an investigation. Other complaints may end because they are resolved or the Commissioner may decide that nothing further can be achieved and will advise you and the health service provider that the complaint file has been closed.
Complaints referred to or retained by registration boards are dealt with by the boards who will notify the Commissioner at the conclusion of their investigation.
Both the person making the complaint and the health service provider are notified of the outcome. In some instances the Commissioner is notified of matters which could be referred to conciliation or require further investigation.