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We were established in 1996 and for many years lobbied for a Health Complaints Commissioner. We are a South Australian Health Consumer Group that is unfunded and independent. We monitor health complaints processes in SA.

About the Health & Community Services Complaints Commissioner

Why do we need a Health Complaints Commissioner?

In the early 1990s the Federal Government commissioned a study called Quality in Australian Health Care Study.

The Study revealed;

7 Over 20% of admissions resulted in Adverse Events

7 51% of these Adverse Events were considered preventable.

7 16.6% of admissions resulted in a disability or a longer hospital stay for the patient;

7 13.7% of these disability was permanent and

7 in 4.9% of cases the patient died. (Medical Journal of Australia 1995; 163: 458-471)

In other words there are over:

7 4,500 preventable deaths per annum,

7 plus over 12,500 people left with preventable permanent disability, as a result of an adverse event during a hospital admission.

By comparison the National road toll deaths in 2010 were 1,368. Over 3 times more people die each year from preventable errors while hospitalised than from car accidents. The costs from hospital errors are enormous, socially, economically and personally.

The Federal Government recognised this and through the funding agreements with States required Health Complaints authorities be established.

In 2004 the Health & Community Services Complaints Act was finally passed and the Health & Community Services Complaints Commission (HCSCC) was opened for business in October 2005.

Since that time HR&CA has had concerns with the operations of the HCSCC. In 2008 we conducted a survey of Consumer Experiences of Health Complaints. The Report on Health Complaints Survey 2008 raised more concerns with the operations of the HCSCC. Minister Hill was given a copy of the survey but discounted our report.

The HCSC Act required a review in 2008. A HR&CA member was on the Act Review Committee, and submitted the Report on the Health Complaints Survey as a response.

Click here for a copy the Governments Response to the 2008 Review of the Act Report Download Electronic Version

As a result of the Review of the Act, a Review of the Operations of the HCSCC was conducted.

Here is the link to:

1. The full report Health and Community Services Complaints Commissioner - Operational Review Findings Report Download Electronic Version

2. SA Health Response to Operational Review Health and Community Services Complaints Commissioner Download Electronic Version

The 10 recommendations of the Review are:

1. Maintain existing level of funding for the HCSCC

2. Redesign structure to address functional gaps.

3. Redistribute resource effort to priority functional areas

4. Replace existing HCSCC complaints IT system

5. Increase accessibility of HCSCC services

6. Develop a formal communication plan

7. Establish formal success criteria for HCSCC.

8. Establish formal staffing strategy.

9. Implement formal planning processes.

10. Develop transition plan

The levy suggested by the Commissioner is at odds with the Operational Review. The review went on to explain; It is recommended that the recurrent funding base for the HCSCC of $1 .25 million per annum be maintained at existing levels. The review indicated that the current funding base is appropriate to deliver the functions legislated under the Act (Operational Review Findings Report, p6)

It could be seen as a red herring for the Commissioner to raise the idea of a levy, particularly when people are feeling levied out. While a significant focus of the Operational Review was on funding, the findings of the review indicated:

7 Low Level of Effort on Some Prescribed Functions Under the Act,

7 Low Complaint Volumes,

7 High Cost Per Enquiry/Complaint, Low Number of Enquiry/Complaints Per FTE,

7 Low Gap Between Defined Role & Delivery

7 Low Conciliations & Investigations,

7 Inability to Provide Appropriate Business Support to HCSCC,

7 Ineffective HCSCC Organisational Structure,

7 Lack of Financial Management Planning,

7 Ineffective Use of Funding Base,

7 Poor Data Quality,

7 Inadequate HCSCC Data Capture Process,

7 Inadequate HCSCC Complaints IT System,

7 Lack of Success Criteria,

7 Lack of Formal Staffing Strategy and

7 Lack of Formal Planning. 

In essence the Operational Review states organisational changes are required not extra funds. The sweeping organisational changes recommended require a commitment from the HCSCC Commissioner. By the Commissioner stating that additional funds are required (the suggestion of an impost on the public, of a levy) she does not appear to be accepting the findings of the Review and therefore does not demonstrate the commitment needed to implement the required changes.

In any event, the proper State Government process for securing additional funds is through a submission to Treasury with justification for the additional funds sought. Given the damning nature of the findings, the Commissioner would not be able to present a credible business case for additional funds.

A look at the latest HCSCC Annual Report - 2009-2010 Download Electronic Version shows there is no data on outcomes of the 1000 plus reported complaints. In fact the Annual Reports are becoming more veiled year by year.

Link to the Home Page of the SA HCSCC. www.hcscc.sa.gov.au

Click here to go to a review of HCSC

By comparison all other States and Territories report outcomes. Links to those authorities:

7 ACT Human Rights Commission - including ACT Human Rights Office & the Community and Health Services Complaints www.hrc.act.gov.au

7 NSW Health Care Complaints Commission www.hccc.nsw.gov.au

7 NT Health &Community Services Complaints Commission www.hcscc.nt.gov.au

7 Queensland Health Quality & Complaints Commission www.hqcc.qld.gov.au

7 Tasmanian Health Complaints Commissioner www.healthcomplaints.tas.gov.au

7 Victorian Health Services Commissioner www.health.vic.gov.au/hsc/

7 WA Office of Health Review www.healthreview.wa.gov.au

When the HCSC Act was passed conciliation was to be a feature of the entire Act not just one part.

Since its inception the HCSCC has received over $6.3 million in funding, with the Annual Reports suggesting over 5,500 have either contacted or lodged a complaint with the office. These same Annual Reports suggest there have been 24 investigation, 2 appear to have been finalized, and 5 conciliations conducted.

In other words 0.5 percent of contacts result in investigations and 0.05 percent result in conciliations.

As we said in our complaints survey better to have nothing. The current situation could be seen as cruel, as it presents an illusion that if consumers lodge a complaint it will benefit the future care of others.

Please contact us Link if you would like some assistance with your complaint or to inform us of your experience having your complaint addressed.

We will then be able to let you know when a public meeting is planned.

HR&CA members provide some voluntary assistance to complainants regarding health services and providers.

To contact us, our email address is: healthrights@chariot.net.au

Page last modified 26 April 2012