With whom are complaints lodged?
Complaints may be lodged with either the Registrar of the Board, or with the Health Services Commissioner, an independent statutory body created by the Health Services (Concilliation and Review) Act 1987.

Commissioner Health Services Commissioner Level 30, 570 Bourke Street Melbourne Victoria 3000, AUSTRALIA Tel: (03) 8601 5200 Toll Free 1800 136 066 Fax: (03) 8601 5219

What happens after a complaint is lodged?
Irrespective of which organisation receives a complaint, the Board and the HSC are required to advise each other of complaints received and consult with each other in assessing how the complaint should be dealt with. For this purpose the Board's Registrar consults with a representative of the HSC in assessing complaints.

Generally, the following are the range of options available to the Board and the HSC in assessing complaints.

• Request further particulars.
  The complainant may be requested to elaborate on the complaint.
• Discontinue dealing with.
  The complaint may be considered trivial, frivolous, or vexatious.
• Refer to another person or body.
  The complaint may be referred to another organisation for consideration, eg Victoria Police.
• Refer for conciliation.
  The complaint may be referred to the Health Services Commissioner, the statutory body created by the Health Services (Concilliation and Review) Act 1987 to investigate and conciliate complaints referred to it.
• Refer for investigation.
  The complaint may be referred for an investigation by the Board.

• Further action not warranted
  There may be no evidence of any unprofessional conduct, which might provide grounds for disciplinary action, which raises a significant issue of public health and safety, or which raises a significant question as to appropriate care or treatment. 
• Disciplinary inquiry
  The Board has the power to conduct two types of Inquiries. Either form of Inquiry will be conducted before a Panel drawn from the Board's number.
  • An Informal Inquiry is generally for matters on apparent breaches of unprofessional conduct which are considered to be of a lesser nature. If the during the course of the Inquiry, the Panel considers the matter to be of a more serious nature, then it can abandon its Inquiry and refer the matter to a Formal Inquiry.
    At the conclusion of its Informal Inquiry, the Panel may find either

     

    • That the chiropractor has whether by act or omission, engaged in unprofessional conduct which is not of a serious nature; or
    • That the chiropractor has not engaged in unprofessional conduct. If the Panel finds that the chiropractor has whether by act or omission, engaged in unprofessional conduct which is not of a serious nature, the panel may make one or more of the following determinations:
      • that the chiropractor undergo counselling
      • that the chiropractor be cautioned
      • that the chiropractor be reprimanded
  • A Formal Inquiry would be held into more serious allegations of unprofessional conduct. It will generally be held before a Panel of three Board members.
    The complainant and the practitioner concerned, are entitled to be heard and to be represented by a barrister, solicitor, or other adviser. Witnesses may be subject to summonses to appear and to produce documents, and may be required to give evidence on oath.
    The Panel will be assisted by legal counsel. It should be noted that the counsel must be impartial as he/she is there to ensure that all pertinent matters are brought before the Board.
    It is not Counsel's role to prosecute the matter.

     

• that the chiropractor undergo counselling
• that the chiropractor be cautioned
• that the chiropractor be reprimanded
• require the chiropractor to undertake further education of the kind stated in the detemination and to complete it within the period specified in the determination.
• impose conditions, limitations or restrictions on the registration of the chiropractor;
• impose a fine on the chiropractor of not more that $2,000.00
• suspend the registration of the chiropractor for the period specified in the determination
• cancel the registration of the chiropractor.

As of 1 July 2007 the Complaints, Investigations and Disciplinary processes of the Board will be governed by the Health Practitioners Registration Act 2005. If you have any questions about transitional or ongoing matters please contact the Registrar.