We work with people using health services in Tasmania and the providers of those health services to help them to resolve concerns and disputes. We do this by providing a fair and responsive system for handling complaints.
We understand complaints can be challenging and distressing. You can contact the Health Complaints Commissioner, and we will explain the complaints process to you and talk through your concerns.
You can ask for help through your medical indemnity provider, professional body or employer. You can also get more help by calling:
- Lifeline 13 11 14
- Beyond Blue 1300 22 4636
- Access Mental Health helpline (Tasmania) 1300 332 388
- 13Yarn (Aboriginal and Torres Strait Islander crisis support line) 13 92 76
What happens when a complaint has been made about you?
All complaints to the Health Complaints Commissioner must be assessed. As part of the assessment process, we will determine whether the person making the complaint has tried to resolve the complaint directly with you, the health service provider. If they haven’t, we will direct the person to you if it’s appropriate to do so. This requires you, as the health service provider, to respond to the concerns raised by the person making the complaint.
Complaint process
Responding to a request for direct resolution
If you haven’t had the opportunity to address the concerns of the person making the complaint, we will facilitate direct resolution of the concern between the person and you. Where we ask you to respond, we will ask you to address the issues raised directly with the person making the complaint and give us a copy of that response.
Things you should consider when responding to a complaint:
- Your complaints process should be easy and straightforward.
- Acknowledge complaints promptly. The person making the complaint should be told how the complaint will be handled. You should provide a clear timeframe for a response to the complaint.
- Make sure you understand the specific issues raised in the complaint and what the person is seeking as an outcome.
- Communicate clearly with the person and try to avoid using jargon and technical terms. Explain you will keep the complaint confidential.
- Make sure the person understands the information you give them.
- Treat people fairly and with objectivity and respect.
- Make sure your response to the complaint is clear and informative. Make sure it addresses the specific issues raised in the complaint.
- Provide information about what the person can do next if they are not satisfied with your response.
Ensure you keep clear and accurate records of your process.
The health service providers guide to complaints fact sheet provides more information about responding to concerns raised by people who have used your services.
Responding to information requests from the Health Complaints Commissioner
If you have responded to concerns a person has raised with you, but the complaint remains unresolved, we will assess the complaint through our assessment process. During this process, we may request further information from you including clinical records, supporting information such as guidelines, policies or procedures, or further responses to the issues raised in the complaint.
When responding to requests from us, please consider the following.
Timeframes
We will set a timeframe for you to respond. Meeting this timeframe helps us to achieve our assessment period of 45 days which is set in law. If you cannot meet the timeframe, you should contact the officer nominated in our request to discuss the delay with them.
Has the complaint been raised directly with you?
If you have not had the opportunity to respond directly to the person making the complaint, let us know. We can facilitate direct resolution if it is appropriate to do so.
Have you addressed all the issues and provided all the information?
It is important that you respond to all the issues identified in the complaint and in our request for information. This will avoid the need for further requests. Reference to relevant processes, standards, clinical records or other records should be included to support your response, if relevant. Copies should be provided with your response.
If you are not sure how to respond, please contact the nominated officer. They may be able to clarify what information is being requested.
Complaint assessment and outcome
The Health Complaints Commissioner is required by law to assess the complaint within 45 days. Once we have received all the information we requested, the nominated officer will consider the information available to them in accordance with the Health Complaints Act 1995 (Tas). They will decide whether the issues raised in the complaint have been addressed or if another option for resolving the concerns is necessary.
We will tell you the outcome of this assessment. We will also tell the person making the complaint. Outcomes can include:
- taking no further action on the complaint
- referring the complaint to another agency or to the Australian Health Practitioner Regulation Agency (Ahpra)
- helping resolve the complaint by assessing the issues and working with the parties involved
- referring the complaint for conciliation
- investigating the complaint.
Complaints about individual health practitioners and health care workers
Health practitioners and health care workers generally fall into two groups:
- registered health practitioners
- unregistered health care workers.
Different processes may apply depending on which group the person being complained about belongs to.
Registered health practitioners
Registered health practitioners include doctors, nurses, dentists and some allied health professionals. They must be registered with the Australian Health Practitioner Regulation Agency (Ahpra).
Registered health practitioners are regulated by Ahpra and the National Boards under the National Law. Complaints about the conduct of a registered health practitioner are usually managed by Ahpra.
The Health Complaints Commissioner must tell Ahpra when we receive a complaint about a registered health practitioner. We consult with Ahpra to determine whether to refer the complaint to Ahpra or retain the complaint for assessment.
Generally:
- Ahpra will manage complaints about the conduct of an individual practitioner, such as concerns about unsafe care or unprofessional behaviour.
- The Health Complaints Commissioner will usually manage complaints about a health service or organisation rather than an individual practitioner. For example, a complaint about a medical clinic rather than a specific doctor.
Find out more about the complaints Aphra can consider.
Unregistered health care workers
Unregistered health care workers include counsellors, massage therapists and some allied health professionals. They provide health services but are not required to be registered with Ahpra. They may have university or other qualifications and may choose to belong to a professional association but do not need to be registered to practice and provide a health service.
Complaints about the conduct of an unregistered health care worker may involve a breach of the Code of Conduct for unregistered health care workers. These complaints are managed by the Health Complaints Commissioner.
Resources
These resources may help you if a complaint is made about you.
- Ahpra – A notification has been made about me
- Australian Commission on Safety and Quality in Health Care - Implementing the Australian Open Disclosure Framework in Small Practices
- Australian Commission on Safety and Quality in Health Care - Open disclosure organisation readiness assessment tool
- Australian Commission on Safety and Quality in Health Care - Saying Sorry
You can contact us for more information. We are here to help.