health and community services complaints

Reviews of decisions and investigations made under the Health and Community Services Complaints Act 2004

From 2 December 2019, SACAT will have review jurisdiction under the Health and Community Services Complaints Act 2004. This will enable SACAT to review certain decisions of the Health and Community Services Complaints Commissioner and the preparation of their reports.

 

Types of Decisions that can be reviewed by SACAT

The Tribunal has the power to review the following:

 

  • any aspect of the procedures of the Commissioner relating to the preparation of a report that is not procedurally fair.
  • a decision of the Commissioner to make an order or publish a report in relation to a person who has provided a health service

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

An application for review of a procedure relating to the preparation of a report by the Commissioner must be made within 14 days of the service provider receiving a copy of the report.

 

An application for a review of a decision of the Commissioner to make an order or publish a statement must be made within 1 month of the person being notified of the action

 

Before applying to SACAT for a review of a decision by the Authority you must:

  1. Have a copy of the decision which you want to review – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application. In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘health complaint’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the report or decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation:

Health and Community Services Complaints Act 2004