Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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Where can I get more information about how to make complaints against health professionals in my state or territory?
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
- You can also get information specific to your state or territory here:
- Victoria
- Office of the Health Services Commissioner.
- 1800 136 066.
- http://www.health.vic.gov.au/hsc/index.htm.
- New South Wales
- Health Care Complaints Commission.
- 1800 043 159.
- http://www.hccc.nsw.gov.au.
- Queensland
- Office of Health Ombudsman.
- 133 646.
- http://www.hqcc.qld.gov.au.
- South Australia
- South Australia Ombudsman.
- 08 8226 8699.
- http://www.ombudsman.sa.gov.au.
- Western Australia
- Health and Disability Services Complaints Office.
- 08 6551 7600.
- https://www.hadsco.wa.gov.au/home.
- Tasmania
- Health Complaints Commissioner.
- 1800 001 170.
- http://www.healthcomplaints.tas.gov.au.
- Australian Capital Territory
- Community and Health Services Complaints Commissioner.
- 02 6205 2222.
- http://www.hrc.act.gov.au/health.
- Northern Territory
- Health and Community Services Complaints Commission.
- 1800 806 380.
- http://www.hcscc.nt.gov.au.
- National
- Australian Health Practitioner Regulation Agency.
- 1300 419 495.
- https://www.ahpra.gov.au.
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Under what circumstances can I make a complaint against a health professional?
- You may make a complaint against a health professional:
- if you receive unsatisfactory treatment;
- if you receive inadequate information about your medical condition and its treatment;
- if the professional behaves in an inappropriate manner; or
- if you suspect the professional is under the influence of drugs or is intoxicated when treating you.
- You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
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What are my rights as a patient of a healthcare professional?
- When engaging with a professional in the healthcare industry you have the right to:
- a satisfactory service;
- adequate and appropriate treatment;
- be treated with respect;
- confidentiality;
- expect professional behaviour; and
- complain against a health professional if unsatisfied with their service.
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What is a health related procedure?
- Australian states and territories specifically define the term ‘health related procedure’ under their relevant laws.
- In some states it is defined as a medical, surgical, dental or other health-related procedure including the administration of an anaesthetic, sedative or other drug.
- Usually the following procedures are excluded from the definition of health related procedures:
- the giving of an intravenous injection;
- acupuncture; and
- urethral catheterisation.
- You should check the laws of your state or territory for specific details.
- If you are making a complaint about a health-related procedure and require legal assistance our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.
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Who is a witness of fact?
- A person who is asked to provide factual evidence in court is called a witness of fact.
- Factual evidence is evidence about something that the witness saw or heard about an event relating to the case.
- For example if a patient was said to be loitering in a parking lot the day they allegedly committed a crime a health professional may be called as a witness of fact to say they saw the patient loitering in the parking lot.
- If a patient alleges that they suffer ongoing pain as a result of a car accident their GP may be called as a witness of fact to say how many times the patient has consulted them with regard to pain, what the patient said about the accident and their symptoms, what treatment they provided for the patient and what they observed while examining the patient.
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Who is an expert witness?
- A person who possesses a special knowledge, skill or experience in a particular area and gives expert opinion as evidence is called an expert witness.
- For example a paediatric psychiatrist may be called to give expert evidence about the harm suffered by a child who has undergone a traumatic experience.
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What is a subpoena?
- A subpoena is a legal document issued by a court. It can compel a person to produce certain documents, attend court or do both.
- If you will incur a large loss in complying with a subpoena the party that requested the subpoena may be required by the court to cover your loss by paying reasonable expenses for things like searching, photocopying, travel and accommodation.
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What are clinically sensitive documents?
- Clinically sensitive documents are documents that contain any information about a patient that is subject to doctor-patient confidentiality laws.
- A common example is medical records.
- If there is a warrant, subpoena or court order for clinically sensitive documents then doctors may wish to argue that they should not be read by the judge alone and not shared with other parties.
- You should still supply the documents to the court but under a seal that asks the court not to share the documents until it hears the legal argument about why the documents should not be shared.
- If the court says the documents must be shared the doctor should inform the patient and record this in the medical record.
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Who is a coroner?
- A coroner is a person who holds a judicial office and conducts inquests into suspicious, sudden, violent or unnatural deaths.
- In some state and territories coroners also have the jurisdiction to investigate fires and explosions.
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What is a reportable death?
- Reportable deaths are suspicious or unexpected deaths that a medical practitioner must report to a coroner.
- A doctor should not issue a death certificate as to the cause of the death if the death is a ‘reportable death’ under the law of their state or territory.
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Reportable deaths are suspicious or unexpected deaths that a medical practitioner must report to a coroner.
- Informed consent is consent obtained from a patient who has been made aware of:
- the diagnosis;
- the recommended treatment;
- the risks associated with the treatment;
- alternative treatments;
- likely adverse effects of the treatment; and
- consequences of not undergoing treatment.
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What is meant by a notification under medical Law?
- A notification is the legal term for a complaint against a registered health practitioner.
- In Queensland the word ‘complaint’ is used.
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Who is a carer for the purpose of substitute consent?
- A carer is a person who provides voluntary care to the patient without monetary or other compensation.
- It does not include professional carers in a nursing home or other similar accommodations.
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