Health Care Complaints Commission

Investigations Division

When deciding whether to investigate a complaint, the primary objective is the protection of the health and safety of the public.

Section 23 of the Health Care Complaints Act 1993 requires the Commission to investigate certain types of complaints - those that raise a significant issue of public health or safety or a significant question as to the appropriate care or treatment of a client by a health service provider; and those that, if substantiated, would provide grounds for disciplinary action against a health practitioner, involve gross negligence on the part of a health practitioner, or result in the health practitioner being found guilty of an offence under division 3 of part 2A of the Public Health Act 1991.

The Director of Investigations manages the Commission's Investigation Division, which has three teams of investigators with clinical, legal and policing backgrounds. The teams are managed and supervised by Investigation Managers, who ensure that each investigation remains focused and timely.

Outcomes of an investigation

The outcomes of an investigation differ depending on whether the complaint was about an individual practitioner or a health organisation.

An investigation about a health organisation may result in the complaint being discontinued, or the Commission will make comments and /or and recommendations in order to improve future practice.

At the end of an investigation about an individual practitioner the Commission may:

• discontinue the complaint
• make comments to the practitioner
• refer it to the Director of Proceedings
• refer to the Director of Public Proceedings
• refer to the Registration board to consider alternate actions.

For more information on the complaints process, please click here.

Investigation reviews

If a complainant is dissatisfied with the outcome of an investigation about a health practitioner, they may seek a review of the Commission's investigation decision. This right to review only exists for complaints about an individual health practitioner. An Investigation Manager who was not involved in the original investigation will conduct the review.