There are several of organisations that have authority to hear your complaints and disputes. For example, depending on your situation, you may wish to complain to the police or specialist organisations that deal with specific types of complaints.
An important first step is understanding which person or organisation you want to complain about, and what type of complaint you have.
Each complaints organisation may need certain information from you, and will have their own process for investigating your complaint. Many of them will contact the person or organisation you are complaining about. This kind of information will be found on their website.
This section provides information about the following organisations that deal with specific types of complaints:
To find out more about roles and complaint processes directly relevant to people with mental illness in involuntary treatment in NSW, click here.
The Complaints Line is a comprehensive website that sets out the relevant complaints body for a range of areas in all parts of Australia. Click here to go to the Complaints Line website.
If you need an interpreter to communicate with any of the complaints bodies, phone the Translating and Interpreting Service (TIS) on 131 450* and give them the details of the organisation you want to speak to. You can also choose whether you would prefer a female or male interpreter. Apart from the local call cost this is a free service.
*Mobile phone calls to local call numbers (numbers starting with 13) are charged to the caller at the usual mobile rate.
The Health Care Complaints Commission (HCCC) is an independent NSW Government agency responsible for dealing with complaints about health services provided in NSW. It can deal with complaints about any:
The HCCC deals with complaints in relation to the clinical management, care and treatment provided by the health care practitioner or health care service, the professional conduct of health care practitioners, and risks to the health and safety of the public. The HCCC considers standards of care, in particular whether the particular care or treatment that you received was significantly different from accepted standards or reasonably expected of health practitioner with similar qualifications and experience.
If you do not comfortable complaining directly to the health practitioner, you do not have to do this first before complaining to the HCCC.
Patients of mental health care practitioners and mental health services (whether voluntary or involuntary patients) have the same right as any other health care consumerIn this manual, a consumer refers to a person with direct experience of a mental illness, and who has received, is receiving or is seeking mental health services from a mental health service provider. A consumer may be a patient in a mental health facility or unit and/or, is a client of a community mental health service (whether public or community managed) where they may be receiving mental health care and treatment and/or psychosocial support services. More to complain to the HCCC about the quality of the care they have been provided, or about the professional conduct of a health practitioner involved in their care (such as a psychiatrist or mental health nurse).
The HCCC does not have the power to direct a health practitioner or health service to:
The HCCC cannot deal with complaints about decisions made by the Mental Health Review TribunalThe Mental Health Review Tribunal is a specialist quasi-judicial body constituted under the NSW Mental Health Act 2007. It has a wide range of powers that enable it to conduct mental health inquiries, make and review orders, and to hear some appeals, about the treatment and care of people with a mental illness. The Tribunal has a wide jurisdiction, and conducts both civil and forensic hearings.. For example, you cannot complain to the HCCC about being the decision to be involuntarily detained in a public mental health facility, but you could complain about the standard of treatment you receive in the facility. You cannot complain about being given a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More to the HCCC, but you could complain about the standard of care of the community mental health team.
Your complaint to the HCCC should be in writing and you can complete an online complaint form. You can give consentAgreeing to medical treatment is called ‘consent’. A provider of health care must take reasonable steps to make sure that a patient is able to give informed consent to treatment. This means you must be able to understand key aspects of any treatment suggested before asked whether you agree to the treatment. Key aspects include, for example, what the treatment involves and the potential risks of that treatment. You agreeing to the treatment once you have been given the information and state that you understand what you have been told, is called ‘informed consent’ to treatment. Informed consent by a person who has capacity has validity. More for a support worker or advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More to help you make the complaint.
After you make a complaint to the HCCC, they will aim assess your complaint within sixty (60) days. Here are the possible outcomes:
For more information about how HCCC deals with complaints, click here.
The HCCC Inquiries Officer will be able to provide you with information and advice about making a complaint to the HCCC and help to make a complaint if you find it difficult to do so in writing. They may also be able to provide you with advice about other ways of resolving your complaint or concerns.
Phone: (02) 9219 7444
Freecall: 1800 043 159*
Teletypewriter (TTY): (02) 9219 7555
Fax: (02) 9281 4585
E-mail: hccc@hccc.nsw.gov.au
Website: www.hccc.nsw.gov.au
Office hours: 9.00am to 5.00pm Monday to Friday
Street address: Level 13, 323 Castlereagh Street (cnr Hay St) SYDNEY NSW 2000
Postal address: Locked Mail Bag 18
STRAWBERRY HILLS NSW 2012
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
If you are a patient in a public mental health facility in NSW or are subject to compulsory mental health treatment in the community (under a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More) and you have concerns about the standard of care you are receiving, you can contact the Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More.
Official Visitors are people with experience talking to staff in mental health services. They are independent from NSW Health, which means they do not work for the hospital or community mental health centre they are visiting.
You can ask Official Visitors:
Official Visitors visit public mental health facilities, private psychiatric hospitals and community mental health services regularly.
Official Visitors have the legal right to inspect every part of the hospital or health care providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More and make such enquiries as they think necessary about care and, treatment of voluntary and involuntary patients and people subject to Community Treatment Orders. They have the power to examine all records and registers and to interview any patient, or person subject to a Community Treatment OrderA Community Treatment Order is a legal order made by the Mental Health Review Tribunal, or in some circumstances, a Magistrate. It authorises the compulsory care and treatment, usually including the regular administration of medication, of a person with mental illness living in the community. The order is implemented by a public community mental health service, often in collaboration with a range of community managed organisations providing psychosocial care and support services. More. Official Visitors are not able to discharge patients.
There are four ways you can talk to an Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More
In person – Official Visitors visit all public and private inpatient mental health facilities every month. They also visit public community mental health facilities every six (6) months. You can find out when the next visit is scheduled by asking staff or by calling the Official Visitors on 1800 208 218*
In writing – if you are at a mental health facility, you can leave a written note in the Official Visitors Box. Boxes are locked and only accessed by Official Visitors during their visit to the service. If you would like a response to your note, make sure you leave your contact details.
Or you can write to:
Official Visitors
Locked Bag 5016
GLADESVILLE NSW 1675
By phone – you can call the Official Visitors on 1800 208 218* from 9:00am to 5:00pm Monday to Friday. This number is toll-free if you are calling within NSW. An answering service will take your message and an Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More will call you back within two business days.
By email – you can email the Official Visitors Program any time at OfficialVisitorsProgram@health.nsw.gov.au and you will receive a response during business hours.
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The following people have the right to see an Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More:
Official Visitors will also talk to relatives, friends and other health care and support workers who have an interest in the care and treatment of a patient.
Official Visitors must write a report to the Principal Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More after each visit. The reports are confidential and are not given to hospital staff.
Official Visitors can do all or any of the following:
If you want your complaint to be confidential and not communicated to hospital staff, you should make this clear to the Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More, preferably in any written message that you give the Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More. Official Visitors can then make their own observations and enquiries about the particular complaint and communicate their views to the Principal Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More and/or the Minister for Health.
You can complain to the Official Visitors about the standards of facilities and services, for example, the quality and nutritional value of food you get and about hygiene or overcrowding.
If you or your family and friends are finding it hard to contact the Official Visitors, you can report the problem to the Principal Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More:
Phone: (02) 8876 6301
Fax: (02) 9817 3945
Website: www.officialvisitorsmh.nsw.gov.au
Postal address: The Official VisitorAn ‘official visitor’ is a person appointed to visit, inspect and raise any matter of concern about the conditions of persons who are detained or accommodated in certain restrictive environments or living under certain restrictive conditions. Official visitors are appointed by the NSW Minister for Health under the Mental Health Act 2007 (NSW) to visit NSW public mental health facilities. There are also official visitors to correctional facilities and official community visitors to a range of residential facilities accommodating people with disability in NSW. More
Locked Bag 5016
GLADESVILLE NSW 1675
The Commonwealth Ombudsman protects the interests of private health insurance consumers through:
The Commonwealth Ombudsman cannot take complaints about the quality of service or treatment provided by a health professional or a hospital. These complaints should be made to the Health Care Complaints Commission.
The Commonwealth Ombudsman provides services free for people with private health insurance. They are independent and do not represent consumers, insurers, hospitals or health services.
If you have a complaint about private health insurance, you can make a complaint online, or contact the Commonwealth Ombudsman by calling 1300 737 299* from 9:00 am to 5:00 pm, Monday to Friday.
Website: www.privatehealth.gov.au
The NSW Ombudsman deals with complaints about your treatment by the NSW Government, including:
The NSW Ombudsman is an independent and impartial watchdog, which means that they make sure that departments and agencies fulfil their functions properly.
You should first try complaining directly to the department or agency before raising your concerns with the NSW Ombudsman. This way the agency has an opportunity to deal with an issue before the NSW Ombudsman becomes involved.
The NSW Ombudsman has a page on ‘Tips‘ for making complaints.
The NSW Ombudsman does not deal with complaints about health care standards or complaints about the ethical or professional conduct of health care professionals. These complaints should be made to the Health Care Complaints Commission.
To contact the NSW Ombudsman:
Freecall: 1800 451 524*
Phone: (02) 9286 1000
Translating and Interpreter Service (TIS 131 450
Online complaint form
E-mail: nswombo@ombo.nsw.gov.au
Street address: Level 24, 580 George Street, SYDNEY NSW 2000
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
In addition to investigating complaints about NSW Government Departments and Agencies, the NSW Ombudsman’s Community Services Division also handles complaints about a range of human service agencies funded or licensed by the NSW Government (including Assisted Boarding Houses).
You can complain about:
The NSW Ombudsman has also developed an online workshop to help people who have complaints about the disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More and community services. The online workshop is called The Rights Stuff. This provides tips for solving problems and making complaints.
DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More service providers who provide supported group accommodation and respite services funded by the NSW Department of Communities and Justice and must also report incidents of abuse or neglect of persons with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More in their care to the NSW Ombudsman. This includes allegations of sexual misconduct, sexual harassment and sexual and other physical assault by an employee, deception or fraud by an employee, alleged sexual and other offences committed by one resident on another, breach of an Apprehended Violence OrderAn Apprehended Violence Order (AVO) is an Order made by a court against a person (defendant) who makes another person (the protected person) fear for their safety, to protect that person from violence, intimidation or harassment. All AVOs made by the court prohibit the defendant from assaulting, harassing, threatening, stalking, or intimidating a protected person. Other conditions can also be included. The defendant must obey the orders set out in the AVO. More taken out to protect a person with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More and unexplained serious injuries to persons with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More in care.
The Aged Care Quality and Safety Commission’s role is to protect and enhance the safety, health, well-being and quality of life of people receiving aged care funded by the Australian Government. They are a single point of contact for complaints, quality and regulation in aged care which will strengthen the focus on consumers, streamline regulation, support better engagement with and between consumers and providers, and promote transparency.
You can submit a complaint through the Online Complaints Form. They will let you know that they have received your complaint within twenty four (24) and forty eight (48) hours on business days.
If your matter is urgent, please free call 1800 951 822* between 9:00am and 5:00pm, Monday to Friday.
If you need an interpreter, you can ask them to arrange one when you call. Alternatively, you can contact one of the services below and ask them to help contact them on 1800 951 822*:
If you are hearing or speech impaired, call the National Relay Service:
Write a letter to:
Aged Care Quality and Safety Commission
GPO Box 9819, in your capital city
Contact them online: www.agedcarequality.gov.au/contact-us
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Abuse and Neglect Hotline is a free, independent and confidential service for reporting abuse and neglect of people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More. The Hotline is not a complaints resolution service or an individual advocacy service. It helps callers by providing them with information, support and referring them to the appropriate complaints organisations.
Anyone can contact the Hotline, including family members, friends, service providers or a person with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More.
Abuse and neglect can include physical, sexual, psychological, legal or financial abuse, restraintAny restriction on a person’s freedom of movement, which may be actioned through the use of physical force, mechanical devices, the use of chemicals, or other means. More and restrictive practices,. Abuse and neglect can also include the withholding of care and support that exposes an individual to harm.
Government-funded services used by people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More include open or supported employment, accommodation, community and respite care services.
The National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Abuse and Neglect Hotline can be contacted on:
Phone: 1800 880 052*
Teletypewriter (TTY): 1800 301 130*
National Relay Service: 1800 555 677*
To make a report, contact the Hotline on 1800 880 052*
Website: www.disabilityhotline.net.au
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The Complaints Resolution and Referral Service (CRRS) is for people using Australian Government-funded disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More employment and advocacy services.
The CRRS deals with complaints about:
The CRRS is open Monday to Friday, 9:00am to 7:00pm. To make a complaint:
Complaints can be made by clients of services funded by the Department of Social Services under the DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Services Act (1986). These services include:
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
If you have a complaint of discrimination that happened in NSW, there are two organisations that may be able to deal with your complaint:
There are some differences between the processes and outcomes of these two organisations and you should get advice before you decide which to complain to. For information about where to get advice and legal assistance, click here.
The Anti-Discrimination Board of NSW (ADB) is an independent government statutory organisation that strives to eliminate discrimination in NSW by:
If you think you have a complaint or claim under NSW anti-discrimination law, you should contact the ADB.
ADB recommends that you raise your concerns with the person or organisation first to allow them to resolve the complaint directly with you.
Complaints to the ADB should be made within twelve (12) months of the actions that you believe were unlawful discrimination. You should ask the ADB for more information about the time limit that applies for your particular complaint.
Complaints to the ADB must be in writing. Click here to go to the webpage to download the complaint form or you can simply write a letter detailing what happened, etc.
Once the ADB receives your complaint, it reviews it to make sure that it is a complaint of discrimination that is within the ADB’s powers to investigate. If it is, the ADB will then contact the person and/or organisation you have complained about and provide them with a copy of your complaint and ask for their response. That response will be provided to you for your comment.
The ADB can, if necessary, call a meeting with you and the person or organisation you have complained about in order to try to resolve the complaint through discussion and agreement. This is called a conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More meeting. The person who manages the conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More (the conciliator) does not decide who is right or wrong or how the complaint should be resolved. The conciliator’s role is to help ensure the process is fair, help both sides talk to each other and help negotiate an agreement. You can ask to have a lawyer or advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More with you at a conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More meeting.
Generally, if you are not legally represented, the other side should not be.
If ADB does not accept your complaint or if your complaint is not resolved through the conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More process, you can then decide whether or not you want to have it dealt with by the NSW Civil and Administrative Tribunal. This is a more formal process, and you can click here for more information.
For more information about how to make a complaint to the ADB, click here.
The Anti-Discrimination Board NSW has offices in Sydney, Newcastle and Wollongong and can be contacted on:
Website: www.antidiscrimination.lawlink.nsw.gov.au
Sydney Office
Phone: (02) 9268 5555
Freecall: 1800 670 812*
The enquiry telephone service is open Monday to Friday, 9:00am to 1:00pm and 2:00pm to 4:00pm.
If you need an interpreter, call Translating and Interpreting Service on 131 450 and ask the interpreter to call Anti-Discrimination NSW.
If you would like to speak to a member of the Aboriginal and Torres Strait Islander team, you can make this request when contacting the ADB.
Email: adbcontact@justice.nsw.gov.au
Wollongong Office
Phone: (02) 4224 9960
Freecall: 1800 670 812*
Newcastle Office
Phone: (02) 4926 4300
Freecall: 1800 670 812*
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The Australian Human Rights Commission (AHRC) investigate and resolve complaints of discrimination and breaches of human rights. You can make a complaint no matter where you live in Australia. Their services are free, impartial and informal.
For information about complaining about breaches of human rights to the AHRC, click here.
Complaints to the AHRC must be in writing, but a complaint can be in a language other than English. There are several ways you can make a complaint. You can make your complaint online using the online complaint form. Remember to print yourself a copy of your completed form before you send it.
You can also simply write a letter detailing what happened.
Complaints to the AHRC should be made six (6) months of the actions that you believe were unlawful discrimination. You should ask the AHRC for more information about the time limit that applies for your particular complaint.
After the ARHC receives your complaint, it will consider whether your complaint is about unlawful discrimination. For more information about unlawful discrimination, click here.
If your complaint is considered unlawful discrimination, the AHRC will contact the person or organisation you are complaining about and give them a copy of the complaint for a response.
The AHRC may sometimes also contact other people you have mentioned in your complaint and provide them with information about your complaint.
The AHRC may call a meeting with you and the person or organisation you have complained about in order to try to resolve the complaint through discussion and agreement. This is called a conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More meeting. The person who manages the conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More (the conciliator) does not decide who is right or wrong or how the complaint should be resolved. The conciliator’s role is to help ensure the process is fair, help both sides talk to each other and help negotiate an agreement. You can ask to have a lawyer or advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More with you at a conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More meeting.
Generally, if you are not legally represented, the other side should not be.
In some cases, the President may decide to stop investigating a complaint. If this happens, you will receive an explanation why.
If your complaint is terminated, you may be able to take your complaint to the Federal Circuit Court or the Federal Court of Australia.
Click here for information about complaints to the Australian Human Rights Commission.
You can contact the AHRC on:
Phone: 1300 369 711*
Phone: (02) 9284 9600
Teletypewriter (TTY): 1800 620 241*
Fax: (02) 9284 9611
Address
Level 3, 175 Pitt Street
SYDNEY NSW 2000
GPO Box 5218
SYDNEY NSW 2001
E-mail: complaintsinfo@humanrights.gov.au
Website: www.humanrights.gov.au
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
There is both a Commonwealth Privacy Commission and the NSW Privacy Commission.
The Commonwealth Commission is called the Office of the Australian Privacy Commissioner (OAPC) deals with complaints about personal information privacy, including health information privacy. They consider whether the Privacy Principles have been breached when dealing with a complaint.
If the complaint is about a NSW Government Department or Agency, then it is best to complain to the Information and Privacy Commission NSW (IPC). The Information and Privacy Commission NSW is an independent statutory authority that administers legislation dealing with privacy and access to government held information in NSW.
As part of its function the IPC:
If the complaint is about a private health care providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More, such as a private hospital, a General Practitioner or a medical centre, then you should contact the Office of the Australian Privacy Commission.
The Office of the Australian Information Commissioner (OAIC) is an independent agency within the Attorney General’s portfolio. Their primary functions are privacy, freedom of information and government information policy. Responsibilities include conducting investigations, reviewing decisions, handling complaints, and providing guidance and advice.
The Office of the Australian Privacy Commissioner (OAIC) can be contacted on:
Phone: 1300 363 992*
Teletypewriter (TTY): 1800 620 241*
Fax: (02) 9284 9666
E-mail: enquiries@oaic.gov.au
Postal address: GPO Box 5218
SYDNEY NSW 2001
Website: www.oaic.gov.au
Complaints to the Commonwealth Privacy Commission should be made in writing.
To complete a form online click here
If you need help to make a complaint, call the Enquiries Line on 1300 363 992*.
*Mobile phone calls local call numbers (numbers starting with 13 or 1300) are charged to the caller at the usual mobile rate.
The NSW Information Privacy Commission (IPC) can help you understand and exercise your right to access government information and your right to privacy. They can help you understand privacy laws in NSW and give you information on how to protect your personal information.
The IPC can give you information and assistance with accessing government information in NSW and can be contacted on:
Phone: 1800 472 679
Fax: (02) 8688 9660
E-mail: ipcinfo@ipc.nsw.gov.au
Street address: Level 17, 201 Elizabeth Street Sydney 2000
GPO Box 7011, Sydney NSW 2001
Website: www.ipc.nsw.gov.au/about-us
The Australian Financial Complaints Authority (AFCA) is the dispute resolution scheme for financial services. They consider a wide range of complaints about:
AFCA assists consumers and small businesses to reach agreements with financial firms about how to resolve their complaints. They are independent and do not act for either party to advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More their position. If a complaint does not resolve between the parties, they will decide an appropriate outcome. The AFCA can make a ‘legally binding’ decision if the person making the complaint accepts this decision, which means that the financial firm must comply with AFCA’s decision or there will be consequences. AFCA’s services are free.
AFCA recommends that you raise your concerns with your financial firm first to allow them to resolve the complaint directly with you.
For information about the possible outcomes of making a complaint to AFCA, click here.
Click here to find out how to lodge a complaint with the Service.
To contact the Australian Financial Complaints Authority, call 1800 931 678*.
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The Telecommunications Industry Ombudsman investigates complaints about telephone and internet services. TIO is a free and independent alternative dispute resolutionAlternative Dispute Resolution (ADR) is a way of solving problems without having your dispute determined by a court or a tribunal. ADR might occur without a complaint being lodged with a complaint handling body or a claim being filed in court. ADR could occur after a complaint or claim is made, but before it is finally decided. Sometimes ADR may have to be considered before you have the right to go to a Court or Tribunal to have your claim decided. More scheme for consumers in Australia with unresolved complaints about these services. TIO use consider your complaint and decide the most appropriate means to resolve a complaint, from referral to conciliationConciliation is a process in which the parties to a dispute meet with an independent person called a conciliator. The conciliator helps to identify the issues in dispute, develop options, consider alternatives and tries to help parties to reach an agreement. The conciliator may give advice and guidance but will not make a decision for them. Conciliation is a type of alternative dispute resolution. More, investigation and determination.
TIO requires that you raise your concerns with your telecommunications providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More first, to allow them to resolve the complaint directly with you.
Click here to visit the website.
Click here to make an online complaint.
Contact the TIO on 1800 062 058*.
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The Energy and Water Ombudsman NSW (EWON) offers a free service resolving complaints about energy and water suppliers in NSW. They consider and investigate complaints from community workers and advocates, energy and water customers as well as small businesses.
EWON can deal with:
For more information about EWON, click here.
EWON contact details:
Freecall: 1800 246 545*
Freefax: 1800 812 291
Freepost: Reply Paid 86550 SYDNEY SOUTH 1234
E-mail: omb@ewon.com.au
Address: Level 11, 133 Castlereagh Street SYDNEY
(By appointment -1800 246 545)
Office hours: 9.00 am to 5.00 pm, Monday to Fridays
(not on public holidays)
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The National DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More Insurance Scheme (NDIS) Quality and Safeguards Commission is an independent agency established to improve the quality and safety of NDIS supports and services. They work with NDIS participants, service providers, workers and the community to introduce a new nationally consistent approach so participants can access services and supports that promote choice, control and dignity.
Please note: In this Manual there is a Chapter that provides information about the NDIS and guidance making complaints about the NDIS. Click here to look at that section.
The NDIS Commission:
The NDIS Commission is independent of the NDIA.
It is important to note that both the NDIS Commission and the NDIA play a part in ensuring the delivery of the NDIS. However, the NDIS Commission does not regulate the NDIA. Complaints about the NDIA or participantIn the context of the NDIS, a participant refers to a person with disability who has received an NDIS package as they have met the eligibility requirements. More plans should be made directly to the NDIA. The NDIA will also detect and investigate allegations of fraud.
People with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More have the right to complain about the services they receive. Most NDIS providers do their best to provide quality supports and services to people with disabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, but issues can occur. If you have a concern about your current NDIS supports or services, it is important that you talk about it.
All registered NDIS providers must have a complaints management and resolution system in place. If the providerIn the context of the NDIS, a provider is someone who provides products or services to assist NDIS participants to achieve the goals outlined in their plan. If you do not self-manage any of your NDIS funding, as an NDIS participant you are required to use providers who are registered with the NDIS Quality and Safeguards Commission. All registered NDIS providers; must implement and comply with appropriate WHS and quality management systems, that meet NDIS practice standard requirements, the NDIS rules, and are relevant to the NDIS supports delivered. In the context of mental health and psychosocial services, a provider may be any service that provide clinical care and treatment or psychosocial rehabilitation and support services including, but not limited to housing, employment, education and training as well as information and advocacy services. More is unable to resolve your concern or complaint, then you should seek further support. You may seek support from family, a friend or an advocateAn advocate is a person who will support someone and help them stand up for their rights, needs and wants. An advocate can also sometimes speak or write on the behalf of another person. A person’s family or friends can be their advocates, or their advocate may be a professional. An advocate may or may not be a lawyer. More in making a complaint.
If you are in NSW, a complaint can be made to the NDIS Quality and Safety Commission, click here:
Complete a complaint contact form.
Freecall: 1800 035 544* or TTY 133 677
Interpreters can be arranged. National Relay Service and ask for 1800 035 544*
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
The NDIS Commission can take complaints from anyone about:
If you believe that your human rights have been violated, you may be able to complain to the Australian Human Rights Committee or even to a United Nations Treaty Body through the United Nations High Commissioner for Human Rights. You will be able to complain if the human rights you believe have been violated have been recognised or declared in a human rights treaty that has been ratified by the Australian Government
The Australian Human Rights Commission has the power to inquire into acts or practices of Commonwealth agencies that are inconsistent with or contrary to human rights as this is defined in the Australian Human Rights Commission Act 1986 (Cth). This Act defines human rights according to various international laws, including the Convention on the Rights of Persons with Disabilities. For more information about different types of human rights, click here.
You cannot complain to the Australian Human Rights Commission about alleged violations of your human rights by the NSW Government or a private sector organisation, or an individual, unless you are somehow able to show that the Commonwealth is responsible for their conduct.
The Australian Human Rights Commission has the power to investigate and, if possible, to conciliate your complaint. However, if the matter cannot be resolved, the Commission will report on your complaint to the Commonwealth Attorney-General who must then provide a copy to the Federal Parliament. There is no way for you to enforce the outcome of the complaint. Any response will be up to the Government.
You can contact the Australian Human Rights Commission on:
Phone: 1300 656 419*
Phone: (02) 9284 9600
Teletypewriter (TTY): 1800 620 241*
Fax: (02) 9284 9611
Website: www.humanrights.gov.au
Make a complaint online
E-mail: complaintsinfo@humanrights.gov.au
*Mobile phone calls to freecall numbers (numbers starting with 1800) are charged to the caller at the usual mobile rate.
You may also be able to make a complaint to a Treaty Body (or independent committee of experts) responsible for international oversight of a human rights treaty that your human rights have been violated. In the case of the Convention on the Rights of Persons with DisabilityDisability is defined in the Disability Discrimination Act 1992 (Cth) as total or partial loss of the person’s bodily or mental functions; total or partial loss of a part of the body; the presence in the body of organisms causing disease or illness, capable of causing disease or illness; the malfunction, malformation or disfigurement of a part of the person’s body; a disorder or malfunction that results in the person learning differently from a person without the disorder or malfunction; a disorder, illness or disease that affects a person’s thought processes, perception of reality, emotions or judgment or that results in disturbed behaviour. More, the Treaty Body is called the Committee on the Rights of Persons with Disabilities. Such a complaint is called a ‘communication’. You should seek legal advice before choosing this option.
Communications are not limited to the conduct of Australian Government agencies. You can also allege violations by a State Government or a non-State ‘actor’, such as a corporation. However, it will be the Australian Government that is responsible for answering the communication.
Before you can make a Communication, you must have first exhausted all reasonably available domestic remedies. For example, if you can take action in an Australian Court to deal with the violation you allege, you have to use this process first before using the international system.
If the Treaty Body decides to deal with your communication, it will ask the Australian to respond to your complaint within six (6) months. At the end of its consideration of your communication, the Treaty Body may adopt a decision which incorporates findings and recommendations relating to your complaint. However, these decisions cannot be enforced under Australian law. Ultimately it will be up to the Australian Government if it will act on the Treaty Body’s findings and recommendations.
Updated January 1, 2021
