Health Care Complaints Commission

Assessments and Resolution Division

When the Commission receives a written complaint, the first step is to identify the issues raised in the complaint and assess what further action, if any, is the most appropriate.

The Health Care Complaints Act requires the assessment of a complaint to be finalised within 60 days. In assessing a complaint, the Commission will usually notify the health practitioner or the health organisation about whom the complaint has been made. The provider then has the opportunity to respond to the complaint. Having obtained and clarified evidence from all parties to the complaint, the Commission may consult with its internal medical advisors to assist with the assessment decision. The Commission co-operates with 13 different Registration Boards in NSW. The Commission must consult with the appropriate Board before making an assessment decision on complaints about a registered health practitioner.

The assessment decision

The Commission must advise the parties to a complaint about its assessment decision within 14 days. The Commission must explain the reasons for its decisions. For more information on the complaints process, please click here.

Reviewing assessment decisions

If the complainant disagrees with the Commission's assessment decision, they may seek a review (except where the complaint has been referred for investigation).

Resolving complaints

When a complaint has been assessed as suitable for assisted resolution, the Commission's Resolution Service helps the parties to the complaint to try to resolve the issues. The Resolution Officers are located in the metropolitan and rural Area Health Services and at the Commission's premises in Sydney.

There are many different resolution strategies possible depending on nature of the complaint and what the person wants as a result of making the complaint. The Resolution Officers facilitate meetings and help the participants in their preparation. Sometimes the officer will try to negotiate between the parties if they do not want direct contact. For more information on how to resolve your concerns directly with the health service provider, click here (PDF 28kB).

Conciliating complaints

Conciliation is another of the alternative dispute resolution processes available to deal with complaints. The Commission may refer a complaint to the Health Conciliation Registry (the Registry). The Registry is located at the Commission's office; however, it is independent in its decision-making and how it manages individual complaints. For more information on conciliation, click here.