The Health Care Complaints Commission ('HCCC') protects public health and safety by resolving, investigating, and prosecuting complaints about health care. It handles complaints about all health services and providers in NSW, including health organisations, registered health practitioners, and unregistered health practitioners. If you have concerns about health care, you can make a complaint to the HCCC.
What types of complaints can you make?
The HCCC handles complaints about healthcare standards and professional conduct in New South Wales (NSW). Types of complaints include:
- Professional Misconduct: Dishonest actions or misuse of position by healthcare workers.
- Clinical Incompetence or Negligence: Lack of necessary skills or improper treatment causing harm.
- Impairment of Health Practitioners: Practitioners unable to provide safe care due to physical or mental health issues.
- Issues with Communication or Consent: Failure to explain treatment options or obtain proper patient consent.
- Privacy and Confidentiality Breaches: Unauthorised sharing or mishandling of patient information.
- Inappropriate Treatment or Care: Providing outdated or unsuitable medical treatments.
- Errors with Medication: Mistakes in prescribing or administering medication.
- Healthcare Facility and Service Complaints: Poor conditions or inadequate services in healthcare facilities.
- Billing or Financial Misconduct: Unfair or dishonest billing practices.
- Inappropriate Relationships: Unprofessional relationships between healthcare providers and patients.
- Discrimination or Harassment: Biased or inappropriate behaviour towards patients based on personal characteristics.
- Failure to Follow Procedures and Protocols: Ignoring safety and treatment guidelines.
- Access to Healthcare Services: Barriers preventing patients from receiving necessary care.
- Health Education and Advertising: Misleading information about health services or products.
- Health Practitioner Won’t See Me: Refusal to provide care outside emergencies.
Jurisdiction:
The HCCC can hear complaints about health services provided in NSW.
Time Limitations:
The HCCC can hear complaints made within 5 years of the incident. Extensions may be considered under certain circumstances by contacting the HCCC directly.
The HCCC will not deal with complaints about:
The HCCC may refer complaints to other more appropriate bodies. It does not handle complaints about the Ageing and Disability Commission.
Who can you make a complaint against?
You can make a complaint against:
- Registered Health Practitioners: Includes medical practitioners, nurses, pharmacists, and dental practitioners.
- Unregistered Health Practitioners: Includes counsellors, speech therapists, naturopaths, massage therapists, and alternative health care providers.
- Health Organisations: Includes both public and private hospitals, medical centres, imaging and radiation services.
The HCCC will not deal with complaints about:
The HCCC does not handle complaints about medico-legal experts or expert opinion evidence provided in court proceedings.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to the HCCC, including patients, family members, friends, representatives, healthcare providers, or any concerned person.
The HCCC will not deal with complaints about:
There are no specific exclusions or exceptions.
Time Limits:
Complaints must be made within 5 years of the incident.
Additional Information:
If making a complaint on behalf of another person, written authority is recommended, and is necessary for accessing medical records unless the person is under 18 or deceased.
What can this body do to help?
This body may provide support by:
- Resolving the Complaint: The HCCC can assist in resolving your complaint if your concerns are adequately addressed by the health practitioner or medical organisation.
- Referring to the Relevant Professional Council: The HCCC can refer your complaint to the relevant professional council to address poor performance or conduct of a practitioner.
- Referring to Another Body: The HCCC can refer your complaint to a more suitable organisation, such as the Aged Care Quality and Safety Commission, if necessary.
- Referring to the HCCC’s Resolution Service: The HCCC’s Resolution Service can help facilitate a conversation between you and the healthcare provider to reach an understanding and agreement.
- Making Comments to Improve Future Practice: If minor corrections to practices or procedures are needed, the HCCC will provide feedback to the health organisation or provider.
- Investigating the Complaint: The HCCC can investigate complaints that pose a significant risk to public health or safety, which may lead to disciplinary action against the practitioner.
- Referring for Conciliation or Complaint Resolution: The HCCC may refer your complaint for conciliation if it’s deemed appropriate, aiming for a mediated resolution.
- Referring to the Independent Director of Proceedings: In the case of registered practitioners, the HCCC may refer the complaint to the Director of Proceedings for possible prosecution before a disciplinary body.
- Imposing a Prohibition Order: For unregistered practitioners, the HCCC can impose a Prohibition Order to ban or limit their practice.
- Referring to the Director of Public Prosecutions: If the complaint involves potential criminal conduct, the HCCC can refer it to the Director of Public Prosecutions for criminal charges consideration.
- Making Recommendations About Service Delivery and Improvements: The HCCC can make recommendations to health organisations for improvements in service delivery based on the complaint.
- Issuing a Public Warning: The HCCC can issue a public warning if the complaint relates to a treatment or health issue posing an immediate risk to public health and safety.
Additional Information:
The HCCC cannot direct health providers or practitioners to pay damages, compensation, or provide refunds. For such remedies, seek further legal advice.
How to prepare your complaint
Format:
All complaints must be in writing.
Personal Details:
- Full name, date of birth, address, and contact details.
- If on behalf of someone else, their personal details as well.
Respondent’s Details:
Name and business details of the health organisation or practitioner.
Relevant Facts:
- Detailed account of the complaint including what happened, when, who was involved, and any witnesses.
- Supporting documents can be attached.
Additional Information:
- Consent for HCCC to access health information is necessary.
- Contact HCCC for assistance: (02) 9219 7444.
Lodging your complaint and next steps:
You can lodge your complaint via:
- Online Form: HCCC Online Portal
- Email: hccc@hccc.nsw.gov.au
- Post: The Commissioner, Health Care Complaints Commission, Locked Mail Bag 18, Strawberry Hills NSW 2012
- Fax: (02) 9281 4585
Next steps:
- Assessment:
- Assigned to an Assessment Officer who will acknowledge receipt and provide a case number.
- The Officer may contact the provider for a response and request records.
- Complaints are aimed to be assessed within 60 days.
- Investigation:
- An Assessment Committee will decide the most appropriate outcome.
- Further investigation may be undertaken if necessary.
- Resolution:
- The Assessment Officer will write to you with the outcome and any next steps.
More information:
Refer to the factsheet provided below for more information.
