Making a Complaint

You have a right to make a complaint about the way you were treated, the conduct and performance of a healthcare provider in pregnancy, birth and postpartum. The information below are some steps you can consider taking. It all depends on what outcome you want.

If you want an apology and for hospital policy to change - make a complaint to the hospital/ Illawarra Shoalhaven Local Health District (ISHLD). Be aware due to litigation (the process of legal action) the hospital will not admit to negligence or neccessarily take responsibility. What you will get is an explanation (usually using policy as a reason), an apology for how you feel and have been affected and possible commitment to steps to change or improve policies.

If you want to seek damages or compensation for the trauma inflicted on you, we suggest that you do not make a complaint to the hospital. Seek legal representation instead and work with them on steps forward.

If you want disciplinary action against an individual healthcare worker ie an obstetrician, midwife, anesthetist you can make a complaint to the hospital AND to the Australian Health Practitioner Regulation Authority (AHPRA).

If more than one practitioner caused your trauma, this can be considered a hospital-wide problem. You can make a complaint to the Health Care Complaints Commission or the Healthcare Ombudsman.

  • Have someone/people you know and trust to support you through this process. Whether you are making a complaint 2 weeks, 2 months, 2 years or 10 years later, reliving a traumatic experience of birth can take its toll on your mental, emotional, cultural and physical health. Debriefing with someone who will listen without judgement is important. You may want to seek professional support such as a counselor, psychologist or other practitioner.

    Collect any relevant documents and information related to your birth-related traumatic experience. For example; clinical notes, medical records, emails with healthcare providers, psychologist reports, pelvic floor physiotherapists and any documentation of the events leading to and during the birth/ birth-related event. If you don’t have any of these, you can still make a complaint.

    Write a detailed account of the traumatic experience(s),. Where possible include dates, names of healthcare providers, and specific incidents. Be as clear and concise as possible to describe what happened. See prompts in the next section.

  • The following are prompts and suggestions to include in your complaint. This is not legal or professional advice.

    • Include Date,

    • Time or timeframe,

    • Name of person(s) who are responsible for your mistreatment/malpractice/injury. If you do not know their name, include their role E.G obstetrician, anesthetist, midwife.

    • What happened? For example: I am writing this complaint (insert name/role of person) did XYZ. This resulted in me…

    • Were there any witnesses including healthcare practitioners in the room if there were any.

    • What steps have you taken (if any) to address or talk to the healthcare provider about this situation. (Ths is not an expected action)

    • State if your rights were disrespected or ignored and if you were coerced/pressured/abused?

    • If relevant, were you asked for informed consent for a procedure to be performed? Were you givn the risks, benefits, alternatives in an objective way?

    • What impact has the incident had on your mental health, your ability to function/bond with you baby/maintain healthy family relationships/be able to work?

    • What outcome do you want to see? Are there specific things you want to see happen as a result of your complaint? Do you want an apology from the practitioner? Do you want to see more training for healthcare partitioner? Do you want to see the practitioner investigated?

    • Include a request for a response from who you are communicating with.

  • If you birthed at Wollongong, Shoalhaven hospitals, through the MGP as a hospital or homebirth, your care is formally under the Illawarra Shoalhaven Local Health District (ISHLD). You can make a direct complaint to the hospital about how you were treated under their care.

    Email your complaint to: ISLHDComplaints@health.nsw.gov.au

    Post a letter to the ISLHD Chief Executive, Margot Mains. Post to: Chief Executive, PO Box 239, Port Kembla, NSW 2505

  • If you do not want to discuss your complaint directly with staff at the hospital, contact the District Complaints Officer:

    Phone: 02 4221 6811

    Email: ISLHD-Complaints@health.nsw.gov.au

    Mail: ISLHD Complaints Manager, PO Box 239 PORT KEMBLA NSW 2505

  • You or someone on your behalf can make a complaint to the Health Care Complaints Commission (HCCC).

    The HCCC acts to protect public health and safety by resolving, investigating and prosecuting complaints about health care. It is an independent body that deals with complaints about all health services and providers https://www.hccc.nsw.gov.au/About-us/About-the-Commission

    More information on the Complaints pr cess can be found here.

    ow to make a Complaint to the HCCC

    You can fill out their online form OR download and complete a complaint form and then send the form to hccc@hccc.nsw.gov.au.

    Need help? Call HCCC inquiries on (02) 9219 7444 or toll free on 1800 043 159, 9am to 5pm, Monday to Friday.

    Please note that the HCCC does not have the power to direct a health service provider to:

    • Pay damages or compensation.

    • Provide a refund or alter fees.

    • Provide health care treatment.

    • Alter a medico-legal document if you are unhappy with the content.

  • Whilst this sounds “outside” the complaints process, contacting your local political representative and making them aware of your complaint is key if you want change at a greater level. You can request that they meet with the hospital or take your concern to the NSW Health Minister.

    State Members of Parliament.

    Member for Wollongong, Mr Paul Scully - Email: wollongong@parliament.nsw.gov.au

    Member for Keira, Mr Ryan Park Email: keira@parliament.nsw.gov.au

    Member for Kiama, Mr Gareth Ward - Email: kiama@parliament.nsw.gov.au

    Member for Shellharbour, Ms Anna Watson - Email: shellharbour@parliament.nsw.gov.au

    Federal Members of Parliament (MPs)

    Alison Byrnes MP, Member for Cunningham - Email: Alison.Byrnes.MP@aph.gov.au

    Mr Stephen Jones MP, Member for Whitlam - Email: stephen.jones.mp@aph.gov.au https://www.stephenjones.org.au/contact/

    Mrs Fiona Phillips MP, Member for Gilmore Email: fiona.phillips.mp@aph.gov.au

    AND

    MP Ryan Park, Minster for Health Minister.Park@health.gov.au

  • At any point in your complaints process, whether you are considering if you want to put in a complaint, if you have taken any of th steps above and you feel you want legal advice this is an option available to you.

    You may have no received the response you wanted from the hospital, HCCC or your local political representatives.

    Better Births Illawarra has worked closely with Emily from Foye Legal in Wollongong for many years and they offer services in the birth and maternity space. There will be other lawyers and legal firms in Wollongong who can also assist. We do not receive any financial payments from Foye Legal for this endorsement.

    Please see moe information about the legal side of human rights in childbirth on the Human Rights in Childbirth website

Disclaimer: Nothing on this page is intended to be advice about your personal situation, your healthcare or the current law in your state. If you need legal or healthcare advice or information, seek out a suitably qualified professional licensed to practice in NSW.