Health Complaints and Patient Safety in Victoria
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 Victoria differs from federal law
Victoria has an independent Health Complaints Commissioner (HCC), established under the Health Complaints Act 2016 (Vic), which replaced the earlier 2012 Act. The HCC has broader powers than its predecessor, including jurisdiction over unregistered health practitioners.
- The HCC investigates complaints about all health service providers in Victoria — registered practitioners, hospitals, pharmacies, ambulance services, and unregistered health practitioners (naturopaths, counsellors, etc.). Victoria was one of the first states to extend complaint jurisdiction to unregistered practitioners.
- The HCC can accept complaints, investigate, attempt resolution through conciliation, and make recommendations. For serious matters, the HCC can issue prohibition orders against unregistered practitioners, banning them from providing health services.
- The Safer Care Victoria (SCV) agency leads quality and safety improvement across the Victorian health system. SCV manages the Victorian Health Incident Management System and conducts reviews of serious adverse events in public hospitals.
- The Victorian Agency for Health Information (VAHI) publishes performance data about Victorian health services, promoting transparency and accountability.
- Victoria's Health Practitioner Regulation National Law (Victoria) is the Victorian application of the national scheme regulating 16 health professions through the Australian Health Practitioner Regulation Agency (Ahpra) and national boards.
Additional Steps in Victoria
Lodge a complaint with the Health Complaints Commissioner (hcc.vic.gov.au, 1300 582 113, or in writing). No fee is required. For urgent patient safety concerns in a Victorian public hospital, contact Safer Care Victoria. For registered health practitioners, complaints can also be directed to Ahpra (ahpra.gov.au).
Relevant Law: Health Complaints Act 2016 (Vic); Health Practitioner Regulation National Law (Victoria); Health Services Act 1988 (Vic); Safe Patient Care (Nurse to Patient and Midwife to Patient Ratios) Act 2015 (Vic)
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.