HACC program national complaints policy

Page content: Overview | National complaints policy

Overview

The right of a consumer to lodge a complaint about a service is a fundamental component of the overall strategy to promote the rights of the consumer in the Home and Community Care Program, as set out in the Program’s Statement of rights & responsibilities.

This policy provides the framework for a complaints policy and procedures in the HACC Program and is based on both service provider agencies and administering government departments having policies and procedures in place to inform consumers of their right to complain, and to resolve any complaints received. Agencies should ensure that their own specific policies and procedures for handling complaints are consistent with the framework outlined in this policy.

National complaints policy

Policy source

The following sections are taken directly from the text of the HACC program national complaints policy. Some additions have been made to ensure current policy in Victoria is reflected.

Complaints policy

The right of a consumer to lodge a complaint about a service is a fundamental component of the overall strategy to promote the rights of the consumer in the Home and Community Care Program, as set out in the Program’s Statement of Rights and Responsibilities.

This policy provides the framework for a complaints policy and procedures in the HACC Program and is based on the proviso that both service provider agencies and administering government departments have policies in place to inform consumers of their right to complain, and procedures to resolve any complaints received. Agencies should ensure that their own specific policies and procedures for handling complaints are consistent with the framework outlined in this policy.

More detailed information regarding the development of agency specific complaints policy and procedures is provided in the Guidelines for the Home and Community Care (HACC) Program National Service Standards.

Refer to Section 3.2 of the HACC Program Manual for a copy of the HACC National Service Standards.

The standards clearly outline the principles to guide agencies in the establishment of fair, effective and accessible complaints procedures. Agencies should refer to the standards when establishing service specific complaint procedures.

Consumer’s right to complain

Consumers of government funded services are entitled to have complaints investigated objectively and without fear of retribution. In the HACC context, such a right of complaint is established in the Statement of Rights and Responsibilities, which states the right of consumers to “… pursue any complaint about service provision without retribution”. The Statement also establishes the responsibility of service agencies to “deal with a consumer’s complaints fairly and promptly and without retribution”.

Complaint mechanisms

Where appropriate, complaints should be dealt with in the first instance by the agency providing the service. The Guidelines for the HACC Program National Service Standards require all agencies to implement a policy for dealing with and monitoring complaints. Such internal complaint mechanisms should include a written policy describing how a complaint will be handled, and should be made available and explained to all consumers. In situations where a complaint is upheld, agencies should review their access and/or service delivery practices, with a view to making improvements in the service.

Resolving complaints or concerns

Consumers have the right to lodge a complaint about a service. It is required that all HACC Program funded service providers will develop and distribute an impartial policy statement and a set of procedures for resolving complaints.

An effective policy should provide the means for service providers to:

• learn from their experience of complaints management
• review the way they do business
• respond to evolving consumer requirements and changes in management environments.

Funded agencies should ensure all policies and procedures for handling complaints are consistent with:

• The HACC National Service Standards
• The HACC Statement Of Rights And Responsibilities

HACC agencies should distribute a copy of complaints policy and procedures to all service users, carers and families. Strategies should be developed to ensure that specific groups, for example people from culturally and linguistically diverse backgrounds and people with disabilities understand and are able to participate in these processes.

It is likely that some complaints will need to be addressed in a forum that is not associated with, or dependent on, the particular service concerned. This may occur when it is not possible to resolve the complaint at the agency level or when the consumer does not wish to approach the agency in the first instance. Consumers who remain dissatisfied or who do not wish to raise the complaint with the service agency, should have recourse to assistance from State/Territory Departments or other complaint mechanisms, which are independent of that agency.

State/Territory departments

It is appropriate for the State and Territory Departments managing HACC to play a formal role in complaints that cannot be resolved at the agency level, or are raised by consumers who feel that they are unable to approach the agency directly.

In Victoria consumers can contact their nearest Departmental regional Office via the Department’s website: www.dhs.gov.vic.au, or refer to the White Pages Telephone Directory.

Legal procedures

This statement is subsidiary to all existing common and statutory legal procedures operating in each State and Territory.

Independent mechanisms

In some cases, service agencies are State or Territory government organisations or is actually part of the Department with responsibility for managing the HACC Program. In such circumstances, consumers might be concerned that the State or Territory department would bring a vested interest to its role as mediator/arbiter. Consumers may then, if they wish, make a direct approach to the relevant State or Territory Minister, or take their complaint to an independent review structure or complaints authority, where such a mechanism exists. However, regardless of the avenue chosen, consumers should be confident that their complaints will receive attention.

Use of advocates in the complaint process

Advocacy can play a critical role in assisting consumers to pursue and seek resolution of complaints. The HACC Statement of Rights and Responsibilities makes it clear that consumers have the right to involve an advocate of their choice in their dealings with service providers and administering government departments.

The role of the advocate is not to mediate between consumer and agency or to arbitrate in a dispute, but to speak and act on behalf of the consumer. The role of mediation and arbitration, when a complaint cannot be resolved at the provider level, lies with the State or Territory Department with primary responsibility for HACC.

Other resources and organisations

Other options, which may assist service providers and consumers in resolving complaints or providing advice, include the following organisations. Please consult the white pages telephone directory or directory assistance for up to date phone numbers.

Health Services Commission

The Health Services Commission deals with complaints concerning any private or public health service provider, including doctors, nurses, allied health professionals and naturopaths. The aim of the Commission is to mediate and conciliate between parties.

State Government Ombudsman

The Ombudsman for the State Government deals with complaints concerning actions of government departments. The Ombudsman’s office also has jurisdiction over the administrative actions of local government officers. However, it cannot act if the complaint concerns a decision or action of an elected Council or Councillor.

Equal Opportunity Commission

The Equal Opportunity Commission will deal with complaints concerning discrimination on the grounds of disability, sex, race, age, industrial activity, marital, parental or carer status, political or religious beliefs, sexual orientation or pregnancy. The Commission will assist people to prepare statements and to lodge a complaint. The role of the Commission is to then mediate between parties to reach resolution of the complaint.

Office of the Public Advocate

The Office of the Public Advocate represents the interests of Victorian people with a disability. The office is a statutory agency, independent of government and has the power to investigate and take action in situations where people are exploited, neglected or abused. Individual advocacy can also be provided for people with a disability who are being abused or neglected, and where no other advocacy is available. Independent guardians can be provided for people with a disability when the Guardianship and Administration Board make orders.

Regulatory industry boards

These are organisations, which regulate the conduct of particular professions. They also deal with complaints against professionals. Regulatory organisations include those such as the Medical or Nurses Board of Victoria.