Complaints managed in the Performance Program

The Health Care Complaints Commission (HCCC) and the Medical Council of NSW (Council) are required to consult on the action to be taken in regard to complaints received by either body in regard to incidents that occur in NSW

Section 25B of the Health Care Complaints Act 1993 (HCCA 1993) provides that following joint assessment of a complaint, it may be referred to the Council for consideration of action such as performance assessment, if it is in regard to professional performance or a health assessment if it is in regard to a practitioner's health.

The Council and the HCCC may agree that on the information available, a complaint should be referred to the Council rather than being investigated by the Commission with a view to disciplinary action. This means that while the complaint requires some further consideration, it has been assessed as not being likely to lead to disciplinary proceedings under the Health Practitioner Regulation National Law (NSW). These referred complaints are referred to as 'performance matters'. Detailed information about complaints referred to the Council under S25B of the HCCA 1993 can be found in the Council's Annual Report.

Consideration by the Medical Council

The Council deals with performance matters within its Performance Section, under the direction of the Performance Committee. This section is very specifically non-disciplinary, and works within a framework of early intervention and if required, remediation.

When a performance matter is referred to the Council, a response to the issues raised in the complaint is sought from the doctor. The response is considered in conjunction with the initial complaint to determine whether further action is required. The Board may provide a copy of the response to the complainant.

The Council may decide that:

  • the response has satisfactorily addressed the issues raised in the complaint and the matter should be closed with no further action taken;
  • that no further action is required by the Council but there remain unresolved issues of concern to the complainant that may be amenable to direct resolution with a Resolution Officer. The complainant will be advised to contact the Health Care Complaints Commission in this regard;
  • that no further action is required by the Council but there are outstanding issues of concern to the complainant that may be amenable to conciliation between the doctor and the complainant. The complainant will be advised to contact the Health Care Complaints Commission in this regard;
  • that the doctor's actions have caused distress for the complainant and that the doctor be requested to forward a written apology to the complainant, with a copy forwarded to the Council;
  • a letter be sent to the doctor drawing attention to particular issues;
  • the doctor should attend the Council for a Performance Interview where the issues raised in the complaint can be further explored;
  • that the doctor should undergo a detailed Performance Assessment based on this matter and their other history with the Board;
  • there are serious issues of professional conduct warranting referral to the Council's Conduct Committee with a recommendation for investigation by the HCCC;
  • there are serious issues that require prompt action under Section 150 of the Health Practitioner Regulation National Law (NSW)

The process described above provides a timely mechanism by which complaints can be managed and resolved. More serious matters can be referred on for detailed Performance Assessment or investigation by HCCC. However, the majority of matters are resolved through the other interventions described in this section.