Complaints – taking a closer look
The right to raise a concern about the healthcare you or someone else receives is fundamental to having an accountable health system that people trust.
Managing complaints through effective regulation helps practitioners meet professional standards and deliver safe, high-quality care. In NSW you can complain to either the Health Professional Councils Authority (HPCA) or the Health Care Complaints Commission (HCCC).
What happens when you make a complaint to the HPCA about your healthcare? Follow our step-by-step guide to find out.
1. Checking for risk
When you submit a complaint to the HPCA, the first thing our regulatory teams do is check if it’s one we would handle.
If it’s not, we’ll refer it to the right place. It’s quicker for you to use our complaints checker before submitting your complaint.
If your concern is about a registered practitioner, we notify both the relevant Health Professional Council and HCCC because they regulate NSW practitioners together. We also notify the Australian Health Practitioner Regulation Authority (Ahpra) – the national body that manages practitioner registration.
We’ll assess the complaint for any immediate risk to public health and safety. If we think the public is at risk, we tell the right Council straight away so they can decide what to do next.
2. Taking immediate action
If Councils believe public safety is at risk, the law says it is mandatory for them to act. They have legal powers to suspend a practitioner’s registration or put restrictions on their practice as an interim measure until they, or the HCCC, fully consider your complaint.
3. Deciding which regulator is responsible
If there’s no immediate risk, the HCCC assesses the complaint and aims to do that within 60 days. During that time the relevant Council also considers the information. Then, they consult with each other and decide who will manage it.
Who manages your complaint depends on what it’s about. Councils and the HCCC have different roles and responsibilities. For example, the HCCC can conduct investigations and prosecute practitioners, or work with you and the practitioner to resolve the issue together.
The Councils don’t investigate or prosecute practitioners. Instead, they have programs and processes that help practitioners address concerns and practise safely.
4. Classifying the type of complaint
The Council will decide whether your complaint relates to the practitioner’s behaviour (conduct), their quality of care (performance), or their physical or mental health. Sometimes, the complaint might relate to a combination of these.
Behaviour-related complaints – examples
Quality or performance complaints – examples
Health complaints – examples
5. Considering relevant background information
Councils will look at any previous complaints received about the practitioner. They might also request medical or other health records.
They might seek input or information from independent experts.
Depending on the issue, they could also:
- ask the practitioner to send more information
- interview the practitioner
- formally assess the practitioner’s performance or health
- convene a panel and ask the practitioner to attend to answer questions or respond to the complaint
- hold an inquiry at a meeting of the council.
They’ll consider whether the practitioner can reflect on what happened and whether they’ve taken steps to prevent similar issues happening again.
6. Applying key legislation and standards
When they consider all the information about a complaint, Councils will look to the Health Practitioner Regulation National Law (NSW). This law governs how they carry out their work. It also outlines practitioner obligations in areas such as continuing education, advertising, and serious conduct breaches.
Councils also pay close attention to the guidelines and standards that apply to each health profession and consider whether the practitioner is following them.
For example, all registered professions have a code of conduct, set by their National Board, that outlines what ethical and professional behaviour looks like.
When will I hear back?
The Council members will thoroughly assess the complaint. If they need more information, a HPCA staff member will contact you. It’s important to give as much detail as you can when you submit your complaint.
Gathering enough information helps ensure the process is fair for both you and the practitioner. This can take time, especially if the issue is complex. Some complaints can be resolved within months. Others can take longer.
Sometimes, Councils might ask the HCCC to consider an investigation, depending on the information they gather when assessing a complaint. If that happens, the complaint will take more time to consider.