Q:

Is the information that I give you kept confidential?

A:

 Yes. Both the Health Services (Conciliation and Review) Act 1995 and the Disability Services Act 1993 contain confidentiality provisions that apply to complaints made to our office.

Q:

What if I am not happy with the outcome of my complaint?

A:

 If you are not happy with the service or processes which our office followed in handling your complaint you have the right to request an internal review. This will involve a senior staff member, who wherever possible has not had prior involvement in the complaint, reviewing the file. Following the outcome of the review, should you still not be happy then you may complain to the State Ombudsman who can be contacted on (08) 9220 7555.

Q:

Who owns my x-rays?

A:

 Usually standard medical x-rays are performed externally, from the medical practice that the patient attends, and the x-rays are the property of the patient. However, where x-rays are taken at the practice, the x-rays usually belong to the provider and the patient is paying for the service of the providers interpretation of the x-rays and not the x-rays themselves. This is the case with most dentists. Patients, however, do have the right to examine the x-rays and, at their own expense, have duplicate copies made.

Dental x-rays are kept by the provider and form part of the patients medical records and are used for identification purposes.

Q:

If I have a complaint about a health issue in a restaurant or café, does that fall under your jurisdiction or who can I contact?

A:

 Environmental health issues relating to public facilities such as restaurants or cafes or food standards do not fall under our jurisdiction. We recommend that you try to resolve your complaint directly with the facility. Should you be unsuccessful in doing this, or you are not happy with the outcome then, you should contact either the Department of Health on 9222 4222 or the local council in the area where the facility is located.

Q:

Can I complain on behalf of someone else?

A:

 Yes. We are able to accept complaints from representatives (health complaints) or advocates (disability complaints). Contact us if you need more information.

Q:

Is there a time limit on making a complaint?

A:

 Yes. For health complaints it is 12 months from the date of the incident and for disability complaints it is 24 months from the date of the incident. However, there is some discretion available for us to accept complaints outside of these time limits. Contact us for more information.

Q:

Can the Office of Health Review sue a service provider on my behalf?

A:

 No. The Office of Health Review cannot commence legal proceedings on behalf of a complainant. If you want to take legal action against a service provider you will need to seek legal advice.

Q:

Does the Office of Health Review provide me with legal advice or advocacy services?

A:

 No. We cannot provide legal advice or advocacy services. We can provide information about complaints under our legislation. We also have information about health and disability advocacy services that are available.

Q:

Can the Office of Health Review take disciplinary action against a service provider (for example a doctor)?

A:

 No. The Office of Health Review has no power to commence disciplinary action against an individual. However, for registered providers we can refer suitable matters to the various registration boards for their consideration.

Q:

Can the Office of Health Review make recommendations for system improvements?

A:

 Yes. We routinely do this in the process of dealing with individual complaints. This is achieved by making recommendations for improvements to ensure that improvements are made where problems are identified. When we conduct a formal investigation we can make formal recommendations if we think a provider acted unreasonably. These powers are only recommendatory in nature, that is we do not have the power to enforce the acceptance and implementation of recommendations.

Q:

How many complaints does the Office of Health Review receive each year?

A:

 In 2008/2009 we received 1732 new enquiries and complaints. In 2007/08 we received 1734. For more statistical information, please see our annual reports.

Q:

Who are most complaints made about?

A:

 The majority of the complaints we receive are about public hospitals. The next most common type of complaints are about medical practitioners and prison health services. For more information please see our annual reports.

Q:

What types of issues do people complain about?

A:

 Treatment is by far the most commonly raised issue in the complaints we receive. The next most common issues are cost; access and information. For more information please see our annual reports.

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