There are two formal ways in which complaints may be made about practitioners or health care services in Victoria. A complaint may be lodged with the Office of the Health Services Commissioner or with the Australian Health Practitioner Regulation Agency (AHPRA). These processes are described in greater detail below.
It should be noted that most public hospitals also have complaints liaison officers who may be able to assist in the resolution of a complaint. Such an officer may be able to short-circuit the need to resort to a more formal mechanism.
Another channel of complaint is to make use of Community Visitors, who are appointed under the Mental Health Act 1986 (Vic) and who may inspect mental health services for people with a mental disorder and ask questions of residents or patients and employees and inspect documents or medical records. They submit a joint report to the Public Advocate on their visits, and an annual report of Community Visitors is laid before Parliament each year. They may inquire into any complaint by a resident or patient.
Where there has been a significant problem with management of a health service, a complaint may be made to the Department of Health or the Minister for Health.
The Health Services Commissioner is appointed under the Health Services (Conciliation and Review) Act 1987 (Vic). The objects of this Act are to:
- enable users of Victorian health services to have their complaints about health services resolved by an independent and accessible mechanism;
- encourage health service providers to follow guiding principles that promote prompt, considerate, high quality health care that respects privacy and dignity, provides adequate and understandable information, encourages participation in decisions about treatment and an environment of informed choice; and
- lead to improvements in the quality of health care and the extent to which the guiding principles of providers and users are followed.
The types of health services the Act covers include "alternative" as well as "orthodox" health services, and welfare services necessary to implement certain health services. Health services are defined broadly and include:
- medical, hospital and nursing services;
- dental services;
- psychiatric services;
- pharmaceutical services;
- ambulance services;
- community health services;
- health education services;
- associated welfare and social work services;
- therapeutic counselling and psychotherapeutic services;
- laundry, cleaning and catering services, where those services affect health care or treatment;
- services provided by chiropodists, chiropractors, osteopaths, dietitians, optometrists, audiologists, audiometrists, prosthetists, physiotherapists and psychologists;
- services provided by optical dispensers, masseurs, occupational therapists and speech therapists;
- services provided by practitioners of naturopathy, acupuncture and in other alternative health care fields;
- services provided by Chinese herbal medicine practitioners, acupuncturists and Chinese herbal dispensers; and
- health services prescribed under the Act.
Services provided by the Department of Health and the Secretary to the Department of Health are also covered by the Act.
When a complaint is made and is to be acted upon, it is forwarded to the provider, who is asked to reply to the patient. If no satisfactory reply is received, the Commissioner will examine the complaint to assess why the dispute has not been settled and whether it warrants further attention. A recommendation may be made that the dispute be referred for conciliation, or to a registration board where a disciplinary breach on the part of the practitioner may be formally considered.
Serious matters are referred for conciliation and, ideally, resolution. Conciliation is seen as having certain advantages over litigation: it is cheaper and quicker, and an outcome satisfactory to both parties may be negotiated. All proceedings during conciliation are confidential and information obtained cannot be used as evidence in court. If a settlement is reached at the end of conciliation, a deed of release may be prepared, which will set out the obligations of both parties. In some cases, this may involve the provider paying compensation to the patient. A patient may seek legal advice before signing the release but, once it has been signed, they will be unable to take any legal action against a provider who is observing the terms of the settlement.
A complaint that is unsuitable, or unable, to be conciliated, and is beyond the jurisdiction of a registration board, may be investigated formally by the Commissioner. The Commissioner may question the patient and the provider on oath, and the parties may be legally represented. The Commissioner reports annually to Parliament and may name any person investigated but the Commissioner has no power to enforce their recommendations, other than naming the provider in Parliament.
To make a complaint contact:
There have been extensive amendments recently to the procedures for the handling of complaints against health professionals.
In March 2008, the Council of Australian Governments (COAG) decided to establish a single National Registration and Accreditation Scheme for 10 health professions, for introduction on 1 July 2010.
Since 1 July 2010, the following 10 professions have been regulated under the national scheme:
- chiropractors;
- dental practitioners (including dentists dental hygienists, dental prosthetists & dental therapists);
- medical practitioners;
- nurses and midwives;
- optometrists;
- osteopaths;
- pharmacists;
- physiotherapists;
- podiatrists; and
- psychologists.
There is a national board for each of these professions. The primary role of the boards is to protect the public. They set standards and policies that all registered health practitioners must meet.
The Australian Health Practitioner Regulation Agency (AHPRA) is the organisation that supports the 10 national boards in implementing the national scheme. AHPRA's operations are governed by the Health Practitioner Regulation National Law as in force in participating jurisdictions, and its regulations. AHPRA now has offices in each state and territory, with the head office in Melbourne.
In addition, AHPRA;
- manages the registration processes for health practitioners and students around Australia;
- receives notifications from the public about the professional conduct, performance or health of registered health practitioners or the health of students;
- on behalf of the boards, manages investigations into the professional conduct, performance or health of registered health practitioners (except in NSW where this is undertaken by the Health Professional Councils Authority and the Health Care Complaints Commission);
- on behalf of the national boards, publishes national registers of practitioners so important information about the registration of individual health practitioners is available to the public;
- works with Health Complaints Commissions in each state and territory to ensure the appropriate organisation investigates community concerns about individual, registered health practitioners;
- supports the boards in the development of registration standards, codes, and guidelines; and
- provides advice to Ministerial Council about the administration of the national scheme.
- (see www.ahpra.gov.au. For general enquiries call 1300 419 495).
From 1 July 2012, the following four health professions will be included in the national scheme and will be represented by new national boards:
- Aboriginal and Torres Strait Islander health practitioners;
- Chinese medicine practitioners;
- medical radiation practitioners; and
- occupational therapists.
In Victoria, until July 2012, the Chinese Medicine Registration Board of Victoria and the Medical Radiation Practitioners Board of Victoria continue to operate.
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MAKING A COMPLAINT :: Last updated: Thu Jul 1st 2010