Information you need to provide Safe and Ethical healthcare in Victoria
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Update from the Health Complaints Commissioner
I'm delighted to introduce myself as the new Health Complaints Commissioner for Victoria. I have been in this role for just over two months now and greatly look forward to building on the accomplishments of the previous Commissioners as I lead us into 2023.
Our plans for the year ahead include a refresh of our strategic plan, to guide how we can ensure consumers are always the focus of our service and improve the quality and efficiency of our response to and resolution of complaints. In addition, our plan will consider how together, with our partners and general health care providers, we can continue to support safe and ethical healthcare for all Victorians.
You will find our Annual Report for 2021/2022 is now available (see link below) and I encourage you to review it and learn more about the work we do with providers to ensure that you avoid having a complaint made about your service.
Our website provides a wealth of information for health service providers including detailed information on complaint handling standards, the general code of conduct, how we handle investigations and what to do if you have a privacy breach.
We always act independently and impartially and provide an accessible and free alternative to legal proceedings.
We are also happy to speak with you if you need clarity around the Code of Conduct, or assistance with dealing with a complaint about your practice. Give us a call on 1300 582 133 if you'd like further information or contact us via our website.
Our Education and Training modules are open to all health service providers. You can find further information on what's available below.
If you find this newsletter useful, please share it with your colleagues. If not, or if there is something else you'd prefer to see or have covered or information that may be important to you, do let us know.
Adjunct Professor, Bernice Redley
Health Complaints Commissioner
Code of Conduct
The General code of conduct sets standards for general health service providers, meaning those not regulated by AHPRA.
It also applies to registered providers operating outside their area of registration, for example a physiotherapist (a registered profession) providing reiki therapy (a general, or non-registered, profession).
The General Code of Conduct became Victorian law on 1 February 2017. Any possible breach of this code by a general provider may be grounds for a complaint to us, which we can attempt to resolve in a variety of ways. In some cases it may also be grounds for a formal investigation by us. If you are unsure how the Code applies to you, you can access the Health Complaints Act 2016 and check Schedule 2 to understand your responsibilities.
As a provider you must make a copy of the general code of conduct, as well as information about how to lodge a complaint with us, easily accessible to your those using your service. You can avail of our free resources on our website. They are easy to download and print for your consulting rooms.
Compliance with the general code of conduct should not mean extra work for you, if you are already operating safely and ethically, but it does provide grounds for us to take action against you if you are not.
We may accept a complaint about any possible breach of this code by a non-registered provider in Victoria. We will attempt to resolve complaints quickly and informally where possible. Our process is free, impartial, voluntary and an alternative to legal proceedings, you don't need a lawyer and allows for a number of approaches.
To learn more about your Code of Conduct or print off some resources, click below.
As a general health service provider you:
Must
- Provide safe and ethical healthcare
- Obtain consent for treatment
- Take care to protect you from infection
- Minimise harm and act appropriately if something goes wrong.
- Report concerns about other practitioners
- Keep appropriate records and comply with privacy laws
- Be covered by insurance
- Display information about the general code of conduct and making a complaint.
Must not
- Mislead you about their products, services or qualifications
- Put you at risk due to their own physical or mental health problems
- Practice under the influence of drugs or alcohol
- Make false claims about curing serious illnesses such as cancer
- Exploit you financially
- Have an inappropriate relationship with you
- Discourage you from seeking other health care or refuse to cooperate with other practitioners if you do.
Our two short training modules, the General Code of Conduct and Health Records Training are always available and can easily be completed by all staff. Contact our staff to arrange a tailored seminar for your organisation.
Latest Prohibition Orders
The HCC has powers to prohibit a health practitioner or organisation from providing health services. These orders can prohibit part, or all, of a health service for a set period of time or permanently. Interim orders of up to 12 weeks can also be made.
Orders are only made against general health service providers, meaning those not regulated by the Australian Health Practitioner Regulation Agency (AHPRA), and only if the Commissioner believes they've breached the general code of conduct and pose an unacceptable risk to the public.
Prohibition orders issued in Victoria, New South Wales, Queensland and South Australia are prosecutable across all these states. If you would like further details on these, you can stay informed via our website.
For information on our training and education seminars, to sign up for an upcoming session or to organise a seminar for your organisation, please visit our website or contact Rebecca Abbate to discuss.
Education Seminars
An overview of all available training and education seminars is always available on our website. We encourage you to contact us if you would like to arrange a dedicated education seminar, tailored to your organisation's needs, or have a chat with us if there is something else you'd like.
We do suggest however that these sessions are kept to approximately 40 attendees if possible, as this offers the best environment for questions and answers in the online setting.
Our schedule of remaining seminars for 2022 will soon be on our website, so we encourage you to book as soon as you can.
All our training and education seminars are free to attend and are delivered in an interactive online environment.
Our Annual Report 2021-22
In what has been another extraordinary year, we are proud to have helped nearly 9000 Victorians with their complaints and enquiries in the past year.
We have been hard at work to support safe and ethical healthcare in Victoria. We received in excess of 6,000 complaints and well over 2,000 enquiries through our web and telephone contact points. We instigated 33 investigations into unsafe and unethical health service providers and issued 82 orders throughout the year. Our detailed annual report can be found on our website and you are welcome to download a copy should you wish.
You can access a full suite of printable resources for general health service providers on our website. You may like to download a poster or two for your office or waiting area. We also have some documents and fact sheets, as well as publications available in 26 community languages on our translations page. Please contact us if you would like some hard copy brochures.
Due to the Coronavirus (COVID-19) the office of the Health Complaints Commissioner is operating on remote staffing arrangements but we remain open. We appreciate your patience in these uncertain times. Please also check our website hcc.vic.gov.au for regular updates. If you have concerns or a complaint about a health service provider, you can contact us at 1300 582 113 or online via our complaint form www.hcc.vic.gov.au/make-complaint
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