How We Operate
The Office operates in a spirit of cooperation with both consumers and providers of health or disability services. In the first instance, we encourage complainants to make a direct approach to the service provider. Where this is not appropriate, or is unsuccessful, a complaint may then be lodged in writing to the Office.
How Can We Assist You
Our staff can assist consumers to submit a complaint, or with other queries or information about options for resolving their concerns. Although we are unable to provide an advocacy service this site does have useful advocacy services that are available. In order to be effective we must remain independent and impartial on how we deal with complaints. Most complaints we receive are resolved through the conciliation process. We do have formal investigation powers where a matter is not suitable for conciliation, which include the power to gather information; the power to require attendance to answer questions; and the power to report to parliament. In practice very few matters proceed to formal investigation.
The Office also assists service providers to develop and improve their complaint procedures and looks to identify the causes of complaints and take steps to reduce these causes.
Complaint Numbers
In the 2006-2007 financial year, we dealt with a total of 1470 new complaints and closed 1548 complaints. The graph below reflects the trend over time for new and closed complaints.
Functions of the Director
The functions of the Director are set out in the legislation under which we work. These are:
- The Health Services (Conciliation and Review Act) 1995 (the Health Services Act); and
- The Disability Services Act 1993 (the Disability Services Act).
Generally these functions include:
- To undertake the receipt, conciliation and investigation of complaints;
- To review and identify the causes of complaints;
- To take steps to bring to the notice of users and providers details of complaints procedures;
- To assist providers in developing and improving complaints procedures and the training of staff in handling complaints;
- With the approval of the Minister, to inquire into broader issues arising out of complaints received;
- To cause information about the work of the office to be published from time to time; and
- To provide advice generally on any matter relating to complaints under either act.
Guiding Principles for the Provision of Health Care
The Health Services Act also sets out a number of guiding principles for the provision of health care. These principles act as a guide for providers in the provision of health care and are also a reference point for the Director in making decisions under the Health Services Act.
These principles are:
For the guidance of providers, health services should be provided so as to promote:
- Quality health care, given as promptly as circumstances permit;
- Respect for the privacy and dignity of persons receiving health care;
- The provision of adequate information on services provided or treatment available and the effects and costs of treatment, in terms that are understandable;
- Participation in decision-making affecting individual health care;
- Informed choice in the acceptance or refusal of treatment or participation in education or research programs;
- Reasonable access to information in records relating to personal use of the health care system, except information that is expressly prohibited by law from being disclosed or information contained in personal notes by a person giving health care; and
- The protection of personal health records and personal information from disclosure except for proper purposes.
Principles and Objectives Relevant to the Provision of Disability Services
The Disability Services Act has a broad application beyond Part 6, which establishes the complaints mechanism.
The Disability Services Act outlines principles applicable to people with disabilities and objectives for services and programs relating to people with disabilities, many of which have relevance in the complaints context.
Principles
- People with disabilities have the inherent right to respect for their human worth and dignity.
- People with disabilities, whatever the origin, nature, type or degree of disability, have the same basic human rights as other members of society and should be enabled to exercise those basic human rights.
- People with disabilities have the same rights as other members of society to realise their individual capacities for physical, social, emotional, intellectual and spiritual development.
- People with disabilities have the same right as other members of society to services which will support their attaining a reasonable quality of life in a way that also recognises the role and needs of their families and careers.
- People with disabilities have the same right as other members of society to participate in, direct and implement the decisions which affect their lives.
- People with disabilities have the same right as other members of society to receive services in a manner that results in the least restriction of their rights and opportunities.
- People with disabilities have the same right as other members of society to pursue any grievance concerning services.
- People with disabilities have the right to access the type of services and supports that they believe are most appropriate to meet their needs.
- People with disabilities who reside in rural and regional areas have a right, as far as is reasonable to expect, to have access to similar services provided to people with disabilities who reside in the metropolitan area.
- People with disabilities have a right to an environment free from neglect, abuse, intimidation and exploitation.
Objectives
- Programs and services are to focus on achieving positive outcomes for people with disabilities, such as increased independence, employment opportunities and inclusion within the community.
- Programs and services are to contribute to ensuring that the conditions of the every day life of people with disabilities are the same as, or as close as possible to, norms and patterns which are valued in the general community.
- Programs and services are to be integrated with services generally available to members of the community.
- Programs and services are to be tailored to meet the individual needs and goals of the people with disabilities receiving those programs and services.
- Programs and services are to be designed and administered so as to meet the needs of people with disabilities who experience additional barriers as a result of their age, gender, aboriginality, culturally or linguistically diverse backgrounds or geographic location.
- Programs and services are to be designed and administered so as to promote recognition of the competence of, and enhance the community perception of, people with disabilities.
- Programs and services are to be designed and administered so as to promote the participation of people with disabilities in the life of the local community through maximum physical, social, economic, emotional, intellectual and spiritual inclusion in the community.
- Programs and services are to be designed and administered so as to ensure that no single organisation shall exercise control over all or most aspects of an individual's life.
- Service provider organisations, whether disability specific or generic, shall be accountable to those people with disabilities who use their services, the advocates of such people, the State and the community generally for the provision of information from which the quality of their services can be judged.
- Programs and services are to be designed and administered so as to provide opportunities for people with disabilities to reach goals and enjoy lifestyles which are valued by the community.
- Programs and services are to be designed and administered so as to ensure that people with disabilities have access to advocacy support where necessary to ensure adequate participation in decision making about the services they receive or are seeking.
- Programs and services are to be designed and administered so as to ensure that appropriate avenues exist for people with disabilities to raise, and have resolved, any grievances about services.
- Programs and services are to be designed and implemented as part of local coordinated services systems and integrated with services generally available to members of the community. Public sector agencies are to develop, plan and deliver disability programs and services in a coordinated and pro-active way.
- Programs and services are to be designed and administered so as to respect the rights of people with disabilities to privacy and confidentiality.
- Programs and services are to have regard for the benefits of activities that prevent the occurrence or worsening of disabilities and are to plan for the needs of such activities.
- Programs and services are to be designed and implemented to–
- consider the implications for the families and carers of people with disabilities;
- recognise the demands on the families of people with disabilities; and
- take into account the implications for, and demands on, the families and carers of people with disabilities.
- Programs and services are to be designed and administered so as to–
- provide people with disabilities with, and encourage them to make use of, ways of participating continually in the planning, operation and evaluation of services they receive; and
- provide for people with disabilities to be consulted about the development of major policy, program and operational changes.
