If you don't know where else to go, or you don't feel able to contact the agency where the incident occurred, contact The State Ombudsman.

Phone 8226 8699 or Toll Free 1800 182 150.

The information below may still be useful.

SUGGESTED STEPS FOR PERSONS WISHING TO MAKE A COMPLAINT ABOUT ANY HEALTH SERVICE IN

SOUTH AUSTRALIA.

STEPS

1. Do your research

• Obtain any factual information you can to back up your complaint.

Government services are subject to the Freedom of Information Act (FOI) for your records. Obtain these records at the same time or before you lodge your complaint, dependent on the urgency of the matter.

• For more information on Freedom of Information call the Freedom of Information Unit at State Records, 8343 6812 or use their WebPages at

http://www.archives.sa.gov.au/services/public

• Who are you going to complain to? Find out the service complaint procedure.

The steps for dealing with two types of common examples of complaints are shown at point 5.

2. Keep a diary.

• Jot down in point form, as soon as possible, as much as you can remember about what occurred, including dates, names and what was said.
• Record all communication, both face to face and phone calls, throughout the process.

3. Decide what you want to achieve from your complaint.

Be clear about what you want, in making a complaint. Eg would you like your complaint to be looked into with a view to;

• • a) Systems change,

• • b) An apology,

• • c) Compensation,

• • d) Other.

• This will help in writing your letter of complaint.

4. A suggested procedure for writing your complaint.

• In our experience writing a complaint letter while in an emotional state produces a letter more about the venting of feelings than a considered expression of grievances. To avoid this, the following method may help.

• Include all your feelings in the first draft (This helps clarify the issues from the emotions).
• It may be helpful to then write down a list of your grievances before you begin writing the next draft.
• In the second draft remove all personal feelings and leave factual information. This can result in the issues being clearer.
• Before writing your final draft, add what you hope to achieve by this complaint. We believe its better to leave out emotive comments.
• Finally, ask a friend to check it for you. An outside perspective can check that your letter is clear, as well as pick up any errors.

Be careful in all your dealings regarding the making and lodging of a complaint, so as not to offend against the law of defamation. Defamation is very tricky area and it is always best to stick to the facts, as you know them and not to embellish the story with adjectives, descriptions and comments that might be interpreted as defamation. If in doubt you should seek legal advice.

Submit with your complaint, copies of any evidence or documentation that you have to the agency you are lodging your complaint with. Keep all the original documents.

Initially, only send to the agency concerned, if the response or outcome is not adequate, then send it to the next avenue. We have found that it is not useful to send your complaint to all and sundry in the first instance. Eventually it may be necessary to send your complaint to the Minister for Human Service.

5. A Medical Practitioner

5.(a) In the public system.

• Step 1 the Hospital

• • Find out their complaint procedures by phoning the patient adviser. If it is available in writing ask them to post you a copy of the procedure, and write the complaints letter as detailed at point 4 – A suggested procedure for writing your complaint.
  •  
• Step 2 There are three options, A, B or C.

A The State Ombudsman, phone 82268699

is free.

He has the powers to open doors, initiate both formal and informal investigations and often gets quick action in urgent situations. Conciliation can be used by bringing the parties concerned together to resolve the issue. He also has the powers of a Royal Commission if needed.

Complaints can be verbal or in writing.

Must be laid within 12 months of the incident.

Phone: 8226 8699 Toll Free 1800 182 150 (country callers only).

Web

• OR

B. The Medical Board of SA. Phone 8362 7811

Complaint must be in writing, under either:

• Section 54. 1 (a) of the Medical Practitioner's Act – The registrar becomes the complainant,

• or,

• Section 54. 1 (d) is when the aggrieved people lay the complaint themselves. (This process will cost you money – legal and other costs).

• The Medical Board of SA has 2 publication titled "Requirements & Procedures for dealing with Matters of Complaints Concerning Registered Medical Practitioners" & "Professional Conduct and Discipline: Fitness to Practice." These can be obtained from the Medical Board of SA and will assist you in making a complaint.
• Throughout the investigation, check that this process is being followed.
• When contacting the Medical Board by phone, it is a good idea to make notes of what they say.
• The Medical Board is subject to Freedom of Information.

This can help you to find out how the matter is being dealt with.

• • You can access the information by making a request through the Freedom of Information Act.

• • There is a cost involved in accessing information - $20 application, this can be waivered for those with financial hardship or concession cardholders.

• • Ask for all the information that they have in relation to the complaint you lodged.

• If the Medical Board is not following its own process or you have a complaint about the Board's complaints process, you can lodge a complaint about them with The State Ombudsman – Phone 8226 8699.

• This complaint must be laid within 12 months of the Board's process for investigating the complaint.

Or

C. Litigation.

Take legal action against the doctor concerned. If this is undertaken the Board or Ombudsman can not be involved until the litigation process is finalized.

5. b) Medical practitioners in the Private system. I.e. a general practitioner (GP), a private specialist or any service that occurred in a private hospital.

• The State Ombudsman does not have jurisdiction over the private sector, therefore complaints need to be lodged with The Medical Board of SA or legal action can be taken.

• Follow procedure B or C.

*Note the Australian Medical Association (AMA) is not the body to complain to.

6. A Dentist:

6.a) In the public system.

• Step 1. The Hospital or Dental Service where it occurred.

• • Find out their procedures by phoning the patient adviser or head of the dental service where the procedure occurred. If it is available in writing ask them to post you a copy of the procedure, and write the complaints letter as detailed at point 4 – A suggested procedure for writing your complaint.

• Step 2. There are three options – A, B or C

A .The State Ombudsman.

Have the powers to open doors, initiate both formal and informal investigations and often gets quick action in urgent situations. Conciliation can be used by bringing the parties concerned together to resolve the issue. He also has the powers of a Royal Commission if warranted.

Complaints can be verbal or in writing.

Must be laid within 12 months of the incident.

Phone: 8226 8699 Toll Free 1800 182 150 (country callers only).

Web

OR

B. The Dental Board of SA. Phone 8364 5358.

Complaint must be in writing, under either:

• Section 63. 1 (a) of the Dentist's Act – The registrar becomes the complainant,

OR,

• Section 63. 1 (d) is when the aggrieved person lays the complaint themselves, this process will cost you money – legal and other costs.

• The Dental Board of SA has a policy, which sets out their procedures for dealing with complaints. This can be obtained from the Dental Board of SA. Throughout the investigation check that this process is being followed.

• The Dentist Board is subject to the Freedom of Information Act.

This can help you to find out how the matter is being dealt with.

• • You can access the information by making a request under the Freedom of Information Act.

• • There is a cost involved in accessing information - $20 application, this can be waivered for those with financial hardship or concession cardholders.

• • Ask for all the information that they have in relation to the complaint you lodged.

• If the Board is not following its own policy or you have a complaint about the Board's complaints process you can lodge a complaint about them with The State Ombudsman.

• This complaint must be laid within 12 months of the Board's process for investigating the complaint.

OR,

C Litigation.

Take legal action against the dentist concerned. If this is undertaken the Board or Ombudsman can not be involved until the litigation process is finalized.

6.b) A Dentist in the Private system.

• The State Ombudsman does not have jurisdiction over the private sector, therefore complaints need to be lodged with The Dental Board of SA or legal action can be taken.

• Follow procedure B or C.

If you experience any difficulty with any of these processes we would appreciate you sharing this information with us. This will assist us in monitoring these processes, with a view to improving them for other complainants.

We would also appreciate feedback on this page so we can assist consumers more.

Whilst Health Rights & Community Action (HR&CA) has used its best endeavors in publishing this web page, HR&CA does not warrant the accuracy of the information, nor does it accept any responsibility for the advice contained herein. The advice and information is provided in good faith, as guidance to consumers only and is not and should not be regarded as definitive. Consumers are encouraged to seek their own independent advice, including legal advice, before embarking on any course of action.

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