Complaint process

Find out more about the steps involved in our handling of complaints made to the Ombudsman and the Commissioner

The FOI review process is different

FOI review process

Steps in the complaint process

  1. Step 1
    Assessing the complaint

    We aim to acknowledge a complaint within 3 days and connect the complainant with their case officer  within 10 working days.

  2. Step 2
    Managing the complaint

    We provide updates about the progress of a matter about every 6 weeks.

  3. Step 3
    Resolving the complaint

    We aim to finalise basic complaints within 6 months and more complex complaints within 12 months.

Step 1

Assessing the complaint

Our office accepts complaints via email, post or phone.

Find out more about how to make a complaint

Complaints can be made anonymously or by using a fake name (pseudonym). We also accept complaints made on a confidential basis.

Learn more about anonymous or confidential complaints

We aim to acknowledge receipt of a complaint within three working days.

When we receive a complaint, we first consider whether we can look into the issue being raised. Our office can assist with complaints about how the Australian Health Practitioner Regulation Agency (Ahpra), the National Boards and accreditation authorities and specialist medical colleges have handled a matter. Find out more about complaints we assist with.

We may suggest that a complaint could be better addressed by another organisation and provide the complainant with the contact details of that organisation. Find out more about other health complaints.

Once we have determined that we can deal with a complaint, we carefully consider the most appropriate way to address the concerns raised. We may:

  • make preliminary inquiries
  • start an investigation
  • transfer the complaint directly to Ahpra for a response
  • attempt conciliation (in relation to privacy complaints made to the Commissioner)
  • decide not to take any further action.

We aim to connect the complainant with their case officer within 10 working days.

Step 2

Managing the complaint

Once we have determined that we can deal with a complaint, we carefully consider the most appropriate way to address the concerns raised. We may:

  • make preliminary inquiries

  • start an investigation

  • transfer the complaint directly to Ahpra for a response

  • seek conciliation (in relation to privacy complaints made to the Commissioner)

  • decide not to take any further action. 

After deciding the most appropriate way to address the concerns, the case officer will review all available information and will consider whether Ahpra, a National Board, an accreditation authority or a specialist medical college handled the matter:

  • fairly and reasonably

  • in line with the relevant law and applicable policies and procedures.

If we decide to investigate a complaint, an investigator will be assigned to the complaint.

The investigator will write to Ahpra, the accreditation authority or the specialist medical college and to the complainant to advise them of the issues that have been identified for investigation. Ahpra, the accreditation authority or the specialist medical college will also be asked to provide our office with information about the complaint, including any relevant documents it holds about the matter.

At the conclusion of the investigation, the investigator will discuss their proposed findings with the complainant. This is an opportunity for any final comments before the investigator makes a final decision.

We aim to finalise basic complaints within six months and more complex complaints within twelve months.

We provide complainants with a progress update every six weeks unless this is not practical or appropriate.

Find out more about the investigation process

Step 3

Resolving the complaint

Complaints to the Ombudsman

For complaints made to the Ombudsman, the investigator will provide the complainant with a detailed explanation of the decision about the complaint.

Our office may:

  • provide (or suggest that Ahpra, a National Board, an accreditation authority or specialist medical college provides) a better explanation of the decision or action being complained about
  • speed up the processing of a delayed matter
  • suggest that an apology be offered
  • suggest that a process or policy be reviewed or changed
  • suggest that a decision be reconsidered
  • decide that the handling of the matter was reasonable and take no further action.

The Ombudsman does not have the power to force Ahpra, a National Board, an accreditation authority or a specialist medical college to change a decision they have made.

However, when appropriate, the Ombudsman can make formal comments or suggestions for improvement.

Find out more about complaint outcomes

Complaints to the Commissioner

For complaints made to the Commissioner, the investigator will provide the complainant with a detailed explanation of the final decision.

Our office may decide:

  • what action should be taken to resolve a complaint
  • whether compensation should be awarded for any loss or damage suffered due to a breach of privacy
  • decide that the handling of personal information was reasonable and take no further action.

Review of the complaint assessment or outcome

Our office offers an internal review of decisions made by staff.

Applications for an internal review need to explain why the complainant is dissatisfied with the decision made about their complaint.

If an internal review application is successful, an internal review will be completed by a staff member who has not previously made a decision regarding the complaint. This review will consider whether:

  • the complaint was handled fairly
  • all the issues raised in the complaint were appropriately addressed
  • the decision reached was reasonable based on the available information
  • the decision reached was adequately explained.

The potential outcomes of an internal review include the original decision being upheld, changed or referred to the staff member who originally had responsibility for the complaint to make further inquiries.

Find out more about the review of our decisions

Withdrawing a complaint

Complaints can be withdrawn at any stage. We will take no further action in relation to withdrawn complaints except to advise Ahpra, the accreditation authority or the specialist medical college it has been withdrawn or, in exceptional circumstances, to take action to prevent a serious risk of harm.

More information

  • Investigation process

    Investigation process

    There are three main stages involved in the investigation of complaints to the Ombudsman and to the Commissioner.

  • Transferring complaints

    Transferring complaints

    We may decide that there is potential to resolve a complaint by transferring it to Ahpra, an accreditation  authority or a specialist medical college.

  • Ombudsman complaints

    Ombudsman complaints

    The Ombudsman can assist with complaints about how Ahpra and the National Boards have handled notification or registration matters, personal information and FOI requests. We also can also assist with concerns about accreditation authorities and specialist medical colleges.

  • Commissioner complaints

    Commissioner complaints

    The Commissioner can assist with complaints about how Ahpra, the National Boards or accreditation authorities and specialist medical colleges, have collected, used or disclosed personal information.

  • Other health complaints

    Other health complaints

    Sometimes it can be difficult to know where to make a health-related complaint. Find out more about how to make sure you're in the right place.

  • Complaints we assist with

    Complaints we assist with

    Our office assists with complaints about how Ahpra, the National Boards, accreditation authorities and specialist medical colleges handle matters. 

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