9 - Health care complaints systems

Summary

Prior to the mid-1980s, the only agencies with statutory powers to handle complaints against doctors were the state and territory medical boards. Medical boards were obliged under the relevant medical Acts to investigate the complaints and determine whether a complaint constituted unprofessional conduct under the Act. Complaints were sometimes also made to state branches of the Australian Medical Association (AMA), to medical colleges and to the state health departments, but these organisations did not have disciplinary powers.

During the 1980s there was dissatisfaction with the health complaints processes in several states, especially in regard to their fragmented nature, difficulties in access, difficulties in knowing where to complain and the recognition that complainants' needs were not always met when the complaints were determined by the medical board according to the terms of the legislation. In New South Wales, the response to this dissatisfaction was the establishment in 1984 of a Health Complaints Unit within the Health Department, and in Victoria by the passing in 1987 of the Health Services (Conciliation and Review) Act. This Act established the office of the Health Services Commissioner, who was charged with receiving complaints from users of health services about providers and given the power to conciliate them confidentially.

In 1991 in Queensland the Health Rights Commission Act 1991 established the Office of the Health Rights Commissioner.