If a patient has complained about you to the Health Complaints Commissioner Victoria (HCC), the complaint does not stay with the HCC alone. Because you are a registered practitioner, the Commissioner must notify Ahpra, and the HCC and Ahpra decide together which of them is best placed to manage it. The HCC cannot take any action about your registration; that rests with Ahpra and your National Board. If the HCC keeps the complaint, it works to resolve it through early resolution, formal resolution or conciliation, and it can investigate. You may be asked to respond in writing and to send health records. Contact your indemnity insurer before you respond.
If a concern has been raised about your practice, Dealing with a Complaint or Investigation Professionally covers how to respond to a complaint, what the regulator looks for in your response, and how to show insight and remediation. It is A$200 (A$140 with Bulk Buy 10) for 2 CPD hours, self-paced, with a dated certificate on completion.
If your complaint has been passed to Ahpra, read the Ahpra investigation process explained for the steps from there.
Health Complaints Commissioner Victoria: who it is and what it handles
The Health Complaints Commissioner was set up by the Health Complaints Act 2016 (Vic), which came into effect on 1 February 2017. The HCC resolves complaints about healthcare and the handling of health information in Victoria. It says it acts independently and impartially and does not advocate on behalf of complainants.
A patient can complain to the HCC about a health service organisation, such as a public or private hospital, or about an individual practitioner, registered or not. The HCC lists the outcomes its process can achieve: an explanation of what happened and why, an apology, a refund or compensation, or a change in policy or practice. It says the process can include these outcomes, not that it will.
The HCC and Ahpra: who manages a complaint about a registered practitioner
In Victoria, a patient can raise a concern about a registered practitioner with either Ahpra or the HCC. The two bodies then work together:
| Body | What it does with a complaint about you |
|---|---|
| Health Complaints Commissioner (HCC) | Must notify Ahpra of a complaint about a registered practitioner. Can manage the complaint before Ahpra, after Ahpra or at the same time. Cannot take any action regarding registration, but can work towards other outcomes such as an explanation, an apology or a change in practice. |
| Ahpra and your National Board | Ahpra deals with the registration of individual practitioners across Australia and can only take action against a practitioner's registration. Ahpra may ask the HCC to formally refer the complaint to it. |
| Both together | Share information and decide jointly which organisation should take responsibility for the concern. If the HCC and the National Board cannot agree on what action to take, the most serious action proposed must be taken. Ahpra may still be consulted during and after an HCC investigation. |
Because the bodies share information, you may hear from the HCC, from Ahpra, or from both about the same complaint. Reply to each one by its own deadline.
The HCC complaint process, step by step
- The complaint is assessed. The HCC first asks whether it or another agency is best placed to deal with the complaint, and whether the patient has tried to resolve it with you directly. For a registered practitioner, the Commissioner must also notify Ahpra.
- Early resolution. The least formal option. The HCC discusses the complaint with both parties, by phone where it can, to find a solution both can agree to.
- Formal resolution. A documented process. The HCC works with the patient to write a formal description of the complaint and a resolution plan, then sends it to you for a response. Agreed improvements may be written down and checked later.
- Conciliation. A documented process for open and frank discussion, with the aim of resolving the complaint. It can include a conciliation conference.
- Investigation. A formal and detailed examination, which the HCC can start at any stage.
- The outcome is recorded. The HCC records the complaint and its outcome.
Timeframes. The HCC does not publish a fixed timeframe for assessment, early resolution or formal resolution. It says some complaints are resolved within a day or two, and that complex matters can involve meetings, evidence gathering and negotiation over several months. Conciliation can take up to 12 months, and may take longer. The HCC also says it is experiencing high demand, leading to significant delays for some complaints. When it asks you to respond, it says it will give you reasonable time.
Conciliation: what stays confidential
The HCC says information and documents obtained in conciliation cannot be discussed outside the process and cannot be used in any future legal proceedings. The purpose is to let both sides talk openly.
Conciliation can also bring a formal request for documents. Under section 41 of the Health Complaints Act 2016, the Commissioner can give you a written notice to produce the patient's health information, policies or protocols relevant to the complaint, or records of your own investigation into it. The date for producing them must be no more than 20 business days after the notice is given, and failing to comply carries a maximum penalty of 20 penalty units for an individual (100 penalty units for a body corporate). Send the notice to your insurer as soon as it arrives.
An HCC investigation
The HCC says it may investigate when a complaint is too complex for its complaint resolution process, when a provider unreasonably refuses to take part in that process, or when there is a serious alleged breach of the general code of conduct. It can also start an investigation from information it receives, or on referral from the Victorian Minister for Health.
- Notice. The HCC tells the parties in writing that it is investigating and what it is investigating, unless notice could put someone's health, safety or welfare at serious risk.
- Powers. It has powers to obtain any information relevant to an investigation, including clinical notes, internal reports, policies and procedures, and the names of other providers involved. It may hold hearings or interviews, get independent expert advice or use compulsory powers.
- Fairness. Under section 59 of the Health Complaints Act 2016, the HCC is not bound by the rules of evidence but is bound by the rules of natural justice. Before it makes a decision that affects you, it must give you an opportunity to make submissions.
- The report. The investigation ends in a report with evidence, comments or recommendations. It may be shared with you, the patient, Ahpra, the Minister, the Secretary of the Department of Health and other relevant parties.
- Follow-up. If the report recommends quality improvements, the provider must report back on how they have been put in place. The HCC can open a follow-up investigation if agreed or recommended actions are not carried out.
How Victoria differs from NSW and Queensland
- Victoria: the HCC and Ahpra decide together who manages the complaint, and only Ahpra and your National Board can act on your registration.
- New South Wales: the Health Care Complaints Commission and the NSW Council for your profession agree on which of them will manage the complaint, in place of Ahpra's process. See our guide to an HCCC complaint in NSW.
- Queensland: all complaints go first to the Office of the Health Ombudsman, which must keep serious matters and can refer others to Ahpra. See our guide to an Office of the Health Ombudsman complaint.
What to do when the HCC contacts you
- Call your indemnity insurer or medical defence organisation before you send anything. The HCC says nobody needs a lawyer for its process, and that practitioners can get support from a complaints manager at their service, their indemnity insurer or their professional association.
- Read the letter in full and note each deadline. If you cannot meet a date, contact the HCC officer named in the letter before it passes. A notice to produce documents in conciliation has its own date.
- Keep the records exactly as they are. Do not change existing clinical notes. Send health records only as your insurer advises.
- Write a response that answers the patient's concern. The HCC points to problems with communication as a source of complaints, and says a quick, defensive reply is more likely to escalate the complaint. Explain what happened and why, in plain words, and deal with each issue the patient raised. Ask your insurer how to word any apology.
- Show what you have understood and changed. Write a short reflection on what happened, what you have learnt and what you now do differently. If the complaint is resolved with agreed improvements, the HCC may check them later.
- Check the health service's duty. If the complaint follows a serious adverse patient safety event, Victoria's statutory duty of candour, in effect since 30 November 2022, is a legal requirement on Victorian health service entities, such as public and private hospitals and day procedure centres, not on you as an individual practitioner. If you work in one of these services, ask what it has done under the duty.
- If Ahpra writes to you as well, treat it as a separate request. Our guide on how to respond to an Ahpra notification covers the written response.
Where a remediation course fits
If the HCC resolves the complaint with agreed improvements, or an investigation recommends changes, you may have to show what you have done. A course on the subject of the complaint, completed before the complaint is decided, gives you a dated certificate and the material for a written reflection. It does not decide the outcome, but it is a record of the steps you have taken. Our guides on writing a reflection after a notification and insight and remediation apply to an HCC complaint as well.
The courses that fit an HCC complaint are Dealing with a Complaint or Investigation Professionally, for the response itself; Effective Communication for Healthcare Professionals, where the complaint is about how you explained, listened or replied; and Rebuilding Trust of Patients, Colleagues, Public and Healthcare Regulator, for rebuilding the relationship with the patient. Add the course on the subject of the complaint. Not ready to choose? The free 15-minute notification course covers the first steps; it uses Ahpra's process, but the first calls, the record and the response apply to an HCC complaint too.
Sources and further reading
- Health Complaints Commissioner: Our process
- Health Complaints Act 2016 (Vic), full text (HCC)
- Health Complaints Commissioner: Frequently asked questions
- Health Complaints Commissioner: Investigations
- Health Complaints Commissioner: Prohibition orders
- Health Complaints Commissioner: About complaints
- Health Complaints Commissioner: About us
- Health Complaints Commissioner: Reporting concerns (registered practitioners and Ahpra)
- Health Complaints Act 2016 (Vic), s 41 (AustLII)
- Department of Health (Vic): Making a complaint about a Victorian health practitioner
- Department of Health (Vic): Health complaints legislation
- Ahpra: Other health complaints organisations
- Safer Care Victoria: Statutory duty of candour
Frequently asked questions
Does the Health Complaints Commissioner or Ahpra deal with a complaint about me in Victoria?
It can be either, or both. If a complaint to the Health Complaints Commissioner (HCC) is about a registered practitioner, the Commissioner must notify Ahpra. The HCC and Ahpra share information and decide together which of them is best placed to manage the complaint. Ahpra may ask the HCC to formally refer it, and the HCC may deal with the complaint before Ahpra, after Ahpra or at the same time.
Can the Health Complaints Commissioner take action on my registration?
No. The HCC says it cannot take any action regarding registration and cannot take disciplinary action against health practitioners. Action on your registration rests with Ahpra and your National Board. The HCC can pursue other outcomes, such as an explanation, an apology, a refund or compensation, or a change in policy or practice.
How long does an HCC complaint take?
The HCC does not publish a fixed timeframe for assessment or resolution. It says some complaints are resolved within a day or two, that more complex matters can take several months, and that conciliation can take up to 12 months or longer. Simple investigations may take weeks and complex ones much longer. The HCC also says high demand is causing significant delays for some complaints.
Is what I say in HCC conciliation confidential?
The HCC says that information and documents obtained in conciliation cannot be discussed outside the process and cannot be used in any future legal proceedings. In a conciliation, the Commissioner can also give you a written notice to produce documents, such as the patient's health information or your own investigation records, by a date no more than 20 business days after the notice. Speak to your indemnity insurer before you take part.
Can the HCC make a prohibition order against a registered practitioner?
The HCC says its interim and final prohibition orders are made only against general health service providers, which it describes as providers not regulated by Ahpra. Under the Health Complaints Act 2016, a general health service is a health service that is not the practice of a registered health profession, so these orders relate to that kind of service, not to the practice of your registered profession. An interim order can last up to 12 weeks. If you are a registered practitioner, any action on your registration is a matter for Ahpra and your National Board.
Should I start a remediation course before the complaint is decided?
A course does not decide the outcome of a complaint. If the HCC resolves the complaint with agreed improvements, or an investigation recommends changes, you may be asked to show what you have done. A course on the subject of the complaint, completed now and followed by a written reflection, gives you a dated record of those steps for the HCC or, if the matter goes to Ahpra, for your National Board.
This article is published by Healthcare Ethics Australia for general information. It is not legal advice and does not replace advice from your indemnity insurer, professional association or a lawyer about your own matter.