NEWS
What do I need to know about the new Health Complaints Act 2016 (Vic)? In April, the Victorian Parliament passed the Health Complaints
that the OHCC will be
Act 2016 (the ‘Act’). The new Act repeals the Health Services
directly communicating with
(Conciliation and Review) Act 1987 and establishes a new legal
practitioners by telephone,
framework for complaints about the provision of health services
rather than sending formal
in Victoria. The Act also establishes the Office of the Health
correspondence. The ADAVB
Complaints Commission (OHCC), replacing the existing Office
and Meridian Lawyers are
of the Health Services Commissioner (OHSC), as well as creating
concerned, to warn practitioners not to inadvertently breach their
the Health Complaints Commissioner Advisory Council. The Act
professional and legal obligations when responding to the OHCC.
commenced operation on 1 February 2017.
How does Meridian Lawyers recommend you respond to a call
What are the key changes?
from the OHCC?
The OHSC was responsible for handling complaints concerning
Meridian Lawyers recommend:
healthcare in Victoria. The Act greatly expands the reach of the former OHSC, with the aim of providing a more comprehensive health complaints system to better protect the public. The OHSC’s
Kellie Dell’Oro, Principal
1. You obtain the complaint details and before responding,
contact the ADAVB for guidance.
core objective was to facilitate the voluntary and timely resolution
2. You inform your professional indemnity insurer.
of complaints against health practitioners. The Act seeks to
3. You do not make any admission without first seeking advice
enhance the powers of the OHSC, through the establishment of
the OHCC, which aims to provide a lower cost, more effective and swift alternative to otherwise costly and prolonged legal
from the ADAVB.
4. You request a copy of the complaint, and details of what
the complainant is seeking, in writing. This will ensure that you
have an opportunity to seek guidance from the ADAVB or your
professional indemnity insurer. Most importantly, it will allow
As with the old regime, the OHCC will seek to resolve complaints
you the time to consider the complaint with reference to your
in the form of an apology by the practitioner with a refund and/
records, and to provide an ‘informed’ response.
proceedings for those who make a complaint about healthcare practitioners.
or compensation. However there are changes to the complaints resolution process, namely:
5. Due to practitioners’ obligations to maintain patient
confidentiality, we strongly recommend that you do not
• A complaint to the OHCC can be made by anyone, including a
disclose health information until you have received a request
family member, health service staff and carers. Under the
to do so from the OHSC in writing. Only when a written
previous regime only the person who sought out the health
request is received is disclosure required by law and thus
service could make the complaint.
permitted under the Health Records Act 2001.
• The OHCC will have the power to investigate any matter on its
For further information on how best to respond when contacted
own initiative, following consultation with the President of the
by the OHCC we refer dental practitioners to the ADAVB
Health Complaints Commissioner Advisory Council.
Advice Sheet enclosed with this newsletter.
• The Act encourages complainants to make a complaint to the
This article was written by Principal Kellie Dell’Oro and Solicitor
health service provider in the first instance, unless it would be
Zalman Bassin of Meridian Lawyers.
unreasonable or inappropriate to do so.
• The OHCC is obliged to address the complaint in the least
formal manner appropriate to resolve the complaint.
In order to comply with its obligation, to address and resolve a complaint in the least formal manner appropriate, we expect
Disclaimer: This information is current as of November 2016. This information does not constitute legal advice. It does not give rise to any solicitor/client relationship between Meridian Lawyers and the reader. Professional legal advice should be sought before acting or relying upon this content.
VICTORIAN DENTIST | MARCH 2017 | 7