Health Complaints and Patient Safety in New South Wales
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you experience harm, negligence, or unprofessional conduct from a health practitioner, you have the right to make a complaint. At the federal level, health practitioner regulation is managed by the Australian Health Practitioner Regulation Agency (AHPRA) under the Health Practitioner Regulation National Law.
AHPRA oversees 16 registered health professions, including doctors, nurses, dentists, pharmacists, psychologists, and physiotherapists. It can:
- Investigate complaints about registered practitioners
- Place conditions on a practitioner's registration
- Suspend or cancel registration for serious misconduct
- Refer matters to health professional tribunals
For unsafe medicines, medical devices, or therapeutic products, the Therapeutic Goods Administration (TGA) — under the Therapeutic Goods Act 1989 — regulates what products can be sold in Australia and investigates adverse events. You can report side effects or defective products directly to the TGA.
Each state and territory also has a Health Complaints Commissioner (or equivalent) for complaints that fall outside AHPRA's scope, such as complaints about unregistered practitioners or health service delivery.
When does it apply?
- You receive care from a registered health practitioner that you believe was harmful, negligent, or unprofessional.
- You experience a side effect or adverse event from a medicine, vaccine, or medical device.
- You believe a health practitioner is impaired or poses a risk to patient safety.
- You discover a therapeutic product that may not meet safety standards.
What to Do If a Health Practitioner Has Harmed or Mistreated You in Australia
- Lodge a complaint with AHPRA online at ahpra.gov.au or by calling 1300 419 495. There is no time limit, but complaints are easier to investigate if made promptly.
- Report adverse events to the TGA — use the online reporting form at tga.gov.au for medicine side effects, vaccine reactions, or medical device problems.
- Contact your state or territory Health Complaints Commissioner for issues with unregistered practitioners or the health system generally.
- Keep detailed records — note dates, names, what happened, and save copies of medical records and correspondence.
- Request your medical records — you have the right to access them under the Australian Charter of Healthcare Rights.
- If you have suffered harm, consider seeking legal advice about medical negligence.
What should you NOT do?
- Don't delay reporting serious concerns — especially if you believe a practitioner is a risk to others.
- Don't stop taking prescribed medication because of a suspected side effect without first consulting a healthcare professional.
- Don't assume nothing can be done — AHPRA investigates thousands of complaints each year and takes action where needed.
- Don't fear retaliation — it is illegal for a practitioner to treat you differently because you made a complaint.
How New South Wales differs from federal law
NSW has a dedicated, independent health complaints body — the Health Care Complaints Commission (HCCC) — established under the Health Care Complaints Act 1993 (NSW). It is one of the most established health complaint bodies in Australia.
- The HCCC investigates complaints about all health service providers in NSW — including doctors, nurses, dentists, pharmacists, psychologists, chiropractors, and unregistered health practitioners.
- Complaints can be about professional misconduct, impairment, or unsatisfactory professional conduct. The HCCC can investigate of its own motion (without a complaint) if it becomes aware of a public health or safety concern.
- The HCCC works with the Health Professional Councils Authority (HPCA), which administers the registration and discipline of 15 health professions in NSW under the Health Practitioner Regulation National Law (NSW).
- For serious cases, the HCCC can prosecute practitioners before professional disciplinary tribunals. Outcomes can include deregistration, conditions on practice, fines, and reprimands.
- The Clinical Excellence Commission (CEC) within NSW Health leads patient safety and quality improvement across the NSW public health system, including incident reporting and root-cause analysis.
Additional Steps in New South Wales
Lodge a complaint with the HCCC (hccc.nsw.gov.au, 1800 043 159, or in writing). Complaints can be made by the patient, a family member, or any concerned person. There is no fee. For urgent patient safety concerns in a NSW public hospital, use the hospital's internal incident reporting system or contact the Clinical Excellence Commission.
Relevant Law: Health Care Complaints Act 1993 (NSW); Health Practitioner Regulation National Law (NSW); Health Services Act 1997 (NSW)
Common Questions
When does health complaints and patient safety apply?
You receive care from a registered health practitioner that you believe was harmful, negligent, or unprofessional.You experience a side effect or adverse event from a medicine, vaccine, or medical device.You believe a health practitioner is impaired or poses a risk to patient safety.You discover a therapeutic product that may not meet safety standards.
What should I do if I believe a doctor or nurse has acted negligently or unprofessionally in Australia?
Lodge a complaint with AHPRA online at ahpra.gov.au or by calling 1300 419 495. There is no time limit, but complaints are easier to investigate if made promptly.Report adverse events to the TGA — use the online reporting form at tga.gov.au for medicine side effects, vaccine reactions, or medical device problems.Contact your state or territory Health Complaints Commissioner for issues with unregistered practitioners or the health system generally.Keep detailed records — note dates, names, what happened, and save copies of medical records and correspondence.Request your medical records — you ha...
What mistakes should I avoid with health complaints and patient safety?
Don't delay reporting serious concerns — especially if you believe a practitioner is a risk to others.Don't stop taking prescribed medication because of a suspected side effect without first consulting a healthcare professional.Don't assume nothing can be done — AHPRA investigates thousands of complaints each year and takes action where needed.Don't fear retaliation — it is illegal for a practitioner to treat you differently because you made a complaint.
Health Complaints and Patient Safety in other states
Same topic, different jurisdiction. Pick the one that applies to you.