Answer by LegalEagle™ staff, Northcote 3070 VIC

• As the recipient of care services you are entitled to complain if you are unhappy about the standard of care. You may wish to start by making an informal complaint to the service provider. You can call them on the phone to discuss your issues and ask whether they can provide a resolution.
• If your service provider fails to resolve the issues you can then lodge a formal complaint. This should be made in writing and you should always keep a copy.
• The service provider is obliged to take all formal complaints very seriously and must work with you to fix any problem.
• In NSW for example there are service standards that must be met for all government funded disability services. These are regulated under the Disability Services Act 1993 (NSW). There are 10 disability service standards listed under this legislation. These include:
  • access to services;
  • meeting individual needs;
  • making decisions and providing choice;
  • privacy, dignity and confidentiality;
  • integration and participation;
  • having a valued status;
  • disputes and complaints handling;
  • management of services;
  • supporting family relationships; and
  • protection of human rights including freedom from abuse.
• If the complaint is criminal in nature then you should make your complaint with the police. For example if someone has hit you or abused you during disability care you should report this to the police immediately.
• If your disability service provider refuses to cooperate and cannot obtain a resolution you should speak with a lawyer to get advice about potential next steps.