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Health Care Complaints Commission
How to make a complaint
Who can make a complaint?
Any person, including the following, can make a complaint:
- the person who experienced the problem
- a parent or guardian of the person or child concerned
- a relative, friend or representative chosen by the
person concerned for the purpose of making the complaint
- a health service provider or other concerned person.
What can be complained about?
A complaint may be made to the Commission about any
health service provider in NSW. This includes:
- practitioners such as doctors, nurses, dentists,
pharmacists, psychologists, chiropractors, podiatrists
and others, regarding the clinical care and treatment
of an individual or their professional conduct, and
- health service organisations such as public or private
hospitals, clinics, medical centres, day surgery centres,
the Ambulance Service and others, affecting the clinical
care or treatment of an individual.
- Complaints can also be made about service providers
who currently do not require registration to practice
in NSW. This includes acupuncturists, naturopaths,
psychotherapists, dieticians, audiologists and others.
Resolve concerns about your health
care
It is a good idea to first discuss the complaint with
the health service provider to see whether they can
work with you to resolve the complaint. If they do not
respond to your complaint, or you are not satisfied
with their actions contact the Commission to discuss
your complaint. A complaint that relates to the immediate
health or safety of a person, or a complaint about sexual
or physical assault should be made immediately to the
Commission.
Tips
for resolving your concerns directly with the health
service provider (PDF 28KB)
How are complaints made?
Complaints to the Commission must be in writing and
we recommend to contact the Commission's Inquiry
Service to discuss your concerns prior to lodging your
written complaint. The contact number for the Inquiry
Service is (02)-9219 7444 or Toll Free on 1800043159. Staff of the
Inquiry Service can help you put your complaint in writing.
The Commission uses interpreting services to assist
people whose first language is not English. To contact the Telephone Interpreter Service call 13 14 50 and ask to be put through to the Commission on (02)-9219 7444 or Toll Free on 1800043159.
Concerned about your health care?
A written complaint should outline clearly, in simple
language, the nature of the complaint, what actually
happened, where and when the event occurred, and who
was involved. Extra information and copies of other
relevant documents should be attached to your written
complaint. It will also assist the Commission to have
the consent of the person who received the treatment
so that the Commission can access that person's health
records.
Tips
on how to write a complaint to the Commission
(PDF 33KB)
Complaint form(PDF 124KB)
What does the Commission do when
your complaint is received?
The Commission is required to notify a health service
provider that a complaint has been made about them.
The Commission will usually give the health service
provider a copy of your complaint and ask them to provide
a response. In some instances the Commission may request
a copy of the person's medical records. When the Commission
has all of this information it makes a decision, known
as an assessment decision, about the best way to manage
the complaint.
In some instances the Commission can decide not to
notify the health service provider of the details of
the complaint. This is done only where the notification
would put at risk the health or safety of a person,
prejudice an investigation, place a person at risk of
intimidation or affect the employment of an employee
of a provider. If you believe that any of these may
occur in respect of your complaint you must clearly
explain why in your written complaint.
The Commission has 60 days to assess your complaint.
When the Commission has made its assessment decision
all the parties involved will be notified of the decision
in writing within 14 days of the decision being made.
The Commission can make one of
the following assessment decisions:
- Refer the complaint to the Area Health Service requesting
they resolve the complaint directly with you, this
is called local resolution.
- Refer the complaint for assisted resolution with
the support of a Resolution Officer.
- Refer the complaint for conciliation with the Health
Conciliation Registry.
- Refer the complaint to the relevant professional
Registration Board (for example the NSW Medical Board) for
their management.
- Refer the complaint to a more appropriate agency
(for example the Aged Care Complaints Resolution Scheme).
- Refer the complaint for investigation where it raises
a serious issue of public health and safety or may
result in disciplinary proceedings.
- Take no action regarding the complaint.
Other things you need to know
- The Commission has the discretion not to deal with
matters that occurred more than 5 years ago.
- The Commission has no power to award damages or
determine compensation and it cannot direct a health
service provider to take specific action to resolve
a complaint.
- The Act provides for a review of the Commission's
assessment decision.
- The Commission acts to protect the public health
and safety. It does not represent individual interests.
- Complainants have the right to make a complaint
free from harassment or intimidation. The Act provides
penalties for any person trying to intimidate a complainant
or witness.
- Complainants must act in good faith when making
a complaint. The Act provides penalties against any
person providing false information to the Commission.
If you have any questions, please call the Commission's
Inquiry Service toll free on 1800 043 159 or 9219 7444.
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