What is a health service?
A health service is defined under the Health Complaints Act 1995 (Tas) as a service provided to a person for the benefit of human health.
For example, health services include:
- services provided at a hospital, health institution or nursing home
- services associated with premises used for the care, treatment or accommodation of persons who are aged or have a physical disability or mental dysfunction
- laundry, dry cleaning, catering or other support services provided to facilities referred to in items 1 and 2 above, if the service affects the care or treatment of a patient or resident
- medical, dental, pharmaceutical, mental health, community health, environmental health and other specialised health services
- laboratory services provided in support of a health service
- social work, welfare, recreational or leisure services, if provided as part of a health service
- ambulance services
- services provided by any of the following:
- audiologists
- audiometrists
- optical dispensers
- dietitians
- prosthetists
- physiotherapists
- dental prosthetists
- psychotherapists
- radiographers
- podiatrists
- therapeutic counsellors
- other service providers who provide services of a professional or technical nature for the care or treatment of another person or in support of a health service
- services provided by a practitioner of massage, naturopathy or acupuncture or in another natural or alternative health care or diagnostic field
- the provision of information relating to the promotion or provision of health care or to health education
- other services provided by a person registered by a registration board
- services provided at a hospital or health institution for the temporary storage of human remains as defined in the Burial and Cremation Act 2019 (Tas).
What is a health service provider?
A health service provider is a person, organisation or institution that provides, or claims they can provide, a service to a person for the benefit of their health. This includes an administrative service directly related to a health service.
You can make a complaint about any health service provider in Tasmania.
This includes:
- public or private hospitals
- community health services
- registered providers such as doctors and dentists
- unregistered health care workers, such as counsellors, natural or alternative therapists and some allied health professions.
Unregistered health care workers are people who provide health services, but who 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 in order to practice and provide a health service.
What can I complain about?
You can contact the Health Complaints Commissioner if you have a complaint about a health service provider in Tasmania. Complaints we receive often relate to:
- unsatisfactory treatment
- admission or referral problems
- lack of respect or privacy
- negligent or unprofessional behaviour
- mishandled health information
- unexpected costs
- poor communication.
Who can complain to the Health Complaints Commissioner?
Any person who has received a health service from a health service provider, and who is unhappy with the service, can make a complaint.
Can I complain on behalf of someone else?
Yes. We can accept complaints from a representative of the person who used the health service. These may include:
- the parent or guardian of a child under 14 years
- a person appointed by a child over 14 years
- a person who has received a power of attorney from the person who used the health service
- a legally appointed guardian, executor or (in some circumstances) a close friend or relative.
Can I make an anonymous complaint?
Yes. However, it may make it more difficult to look into your complaint, especially if it is about your personal situation. We also may not be able to let you know the outcome of our inquiries or if we have decided to take no action.
What does it cost?
Nothing. The services of the Health Complaints Commissioner are free.
Is there a time limit for making a complaint?
Yes. It is two years from the date of the incident or when you first became aware of the circumstances that led to the complaint. However, the Commissioner may accept a complaint outside this time limit.
What happens after I've made a complaint?
We will tell you that we’ve received your complaint. We will assess your complaint carefully. As a first step, we will usually contact you and the health service provider to see whether your complaint can be resolved. Many complaints are resolved at this early stage. If it is unable to be resolved, we may do a more formal assessment or start a formal investigation.
How long will it take?
Some complaints can be resolved quickly, others take longer. Complex assessments and formal investigations can take several months. We will keep you informed throughout the process and tell you the results.
What can complaints achieve?
Depending on the details of the complaint, outcomes may include:
- an explanation about what happened and why
- an apology
- access to treatment
- access or amendment to health records
- a refund or compensation
- changes at the service to prevent the same issue happening again.
We may also warn the public about dangerous health providers.
Do I need a lawyer?
Nobody needs a lawyer for our process. However, you can seek legal advice at any time. Health practitioners can also seek support in responding to complaints from a complaints manager at their service, or from a professional indemnity insurer, professional association or other support person.
What if I am not happy with your decision?
If you do not agree with our decision, you can ask for a review. These reviews are handled by a senior member of our staff who has not been involved in your complaint. If you are still not satisfied, you can complain to the Tasmanian Ombudsman.
How do I make a complaint about the Health Complaints Commissioner or their staff?
The Health Complaints Commissioner welcomes feedback and complaints about the way we have performed our functions.
If you have a concern about the conduct of one of our staff, please raise it with them directly. If you are uncomfortable doing that, or if you have already done so but you are still not satisfied, please raise your concerns, preferably in writing, with the Health Complaints Commissioner. You can:
- email us at health.complaints@healthcomplaints.tas.gov.au
- write to us at GPO Box 960, Hobart 7001
- call us on 1800 001 170
We will try to respond to your complaint within 14 days. If we need more time, we will let you know.
You can also contact the Tasmanian Ombudsman if you have concerns about the way this office, or someone representing us, has performed their functions.