Positive Life NSW

Lance Feeney updates Talkabout readers on where we're at advocating for your rights.

NSW Parliamentary Inquiry into the operation of the Health Care Complaints Act 1993 and the Health Care Complaints Commission (HCCC)

In November 2008, The Parliamentary Joint Standing Committee on the Health Care Complaints Act 1993 invited Positive Life NSW to make a submission to its Inquiry.

The HIV/AIDS Legal Centre (HALC) also has relevant expertise and experience in this area. HALC has agreed to work on a joint submission with Positive Life. You will be able to read our joint submission when it has been released by the NSW Parliamentary Standing Committee.

In the meantime, here is a précis of the submission:

Positive Life NSW and HALC have raised a range of concerns in relation to the operation of the Health Care Complaints Act 1993:

• The identification and removal of unnecessary complexities in the NSW health care complaints system;
• The appropriateness of the current assessment and investigative powers of the Health Care Complaints Commission (HCCC)
• The effectiveness of information-sharing between the HCCC and Area Health Services and Registration Authorities in NSW.

Specifically we noted the following issues of concern in relation to the HCCC:

1. The lack of awareness by HCCC staff of legal and medical HIV related issues, particularly in regard to HIV stigma, discrimination, confidentiality and HIV (pre and post test) counselling.
2. The prolonged process and time period elapsing before progress (if any) is observed on a complaint.
3. The inadequacy of the HCCC to provide tangible outcomes to complaints via either conciliation or assisted resolution.
4. The inadequacy of the HCCC in fulfilling a boarder mandate in providing feedback, correction and improvement to health care provision in NSW via an advisory and potential governance role.
5. The need to be able to go to court if complaints are not resolved by the HCCC.
6. The current perception that the HCC is designed to defuse complaints rather than resolve them and provide remedies.

There are significant shortcomings in the current scope and practise of the HCCC. The HCCC is currently not responsive to non-prosecutable complaints, provides no effective outcomes for complainants, and is increasingly abandoned by many people not satisfied by the quality of health care provision.

This points to a significant vacuum in the translation of health care complaints into systemic improvements and evidence based practice, policy, and legislative change.

The problems identified, point to an opportunity for effective changes in HCCC policy and practice. Systemic change, and effective feedback mechanisms that consistently and incrementally improve the standard of services and healthcare provision generally, will provide great benefit to both to complainants and the health care system. These models exist and have been well tested in the Human Rights sphere.