When something goes wrong with your care — healthcare rights, complaints bodies and Ahpra
Your options if you have a complaint about care or a health service in Australia: the 7 rights in the Charter of Healthcare Rights, state and territory health complaints bodies, reporting to Ahpra and requesting your medical records, based on official guidance.
If, while receiving care in Australia, you were not given enough explanation, were not treated with respect, or have concerns about your treatment or its outcome, you have more than one pathway available. You can raise it first with the hospital or clinic's own complaints process. You can lodge it with the health complaints body in your state or territory. If the problem is the conduct of an individual practitioner, you can report it to the national regulator, Ahpra (the Australian Health Practitioner Regulation Agency). Whichever pathway you use, the agency assesses each matter case by case and no outcome is guaranteed. If English is difficult for you, you can use the government interpreting service (TIS National 131 450).
What this guide covers, and what other guides cover
This guide covers complaint pathways and rights from the patient's point of view. A practitioner's own registration and licensing is in 'Professional Registration & Licensing', booking and bulk billing in 'How to See a Doctor', interpreting in 'Free Interpreting & Translation', and legal action or compensation in 'Getting free legal help'. For aged care, NDIS and private health insurance complaints, this guide only points you to the relevant agency. If it is urgent now, call 000 (emergency) or go to an emergency department first.
The 7 rights in the Charter of Healthcare Rights
The Australian Charter of Healthcare Rights was developed by the Australian Commission on Safety and Quality in Health Care (ACSQHC), and the second edition was published in 2019. The Charter describes the rights that everyone can expect wherever healthcare is provided in Australia. The 7 rights are Access, Safety, Respect, Partnership, Information, Privacy and Give feedback.
What kind of document is the Charter?
The Charter sets out the standards that health services are expected to meet. Australia's national safety and quality standards for health services require them to use this Charter or one consistent with it. However, you should not assume that the Charter itself is a legal right that a court can enforce directly. If you need an interpreter, use TIS National (131 450) and the 'Free Interpreting & Translation' guide.
Access, Safety, Respect — care that meets your needs, safe care, and care that respects your culture and beliefs
Partnership, Information, Privacy — asking questions and making decisions together, information about risks and costs and access to your records, and confidentiality
Give feedback — you can expect that making a complaint will not affect your care, and that your concerns will be dealt with openly and on time
The Charter sets out standards. It does not guarantee the outcome of any individual case. Printable posters in many languages are on the official website, so download one if you need it.
What to check before you complain
Check three things before you lodge a complaint: first, whether you are in danger now; next, whether to raise it with the health service first; and last, the time limit for lodging. Wording and rules differ between agencies, so what follows is only an outline. Confirm the exact conditions in the official guidance of the agency for the state where you received care. If a family member or supporter will lodge the complaint for you, also check the agency's authorisation process.
If it is dangerous, call 000 or go to an emergency department first — a complaint comes after that. If you are in distress or crisis, call Lifeline (crisis support) 13 11 14
Raise it with the health service first — agencies' wording ranges from 'recommended' to 'required', and they make exceptions if it is hard or unsafe
Time limit for lodging — it differs between agencies and there can be exceptions, so do not give up because the time limit has passed. Ask the agency
A complaint is separate from a court case, and it does not guarantee that you will receive money. The VIC, TAS and NT bodies describe the possible outcomes as including a refund or compensation. By contrast, the NSW HCCC says it cannot order compensation or a refund. The QLD OHO says it cannot force compensation, but that a refund of out-of-pocket costs and similar matters can be negotiated in conciliation. WA HaDSCO says it does not help with compensation claims, but a refund or fee waiver is possible. For other bodies, check the official website. Court processes may have separate time limits, so do not assume that a complaint stops those time limits running, and check early with a free legal help service.
4 complaint bodies — where should you go?
The right place depends on the problem: a service in general, an individual practitioner, or aged care, the NDIS or private health insurance. If you are unsure, phone the agency and ask. Several agencies, including those in VIC, QLD and WA, say their complaints service is free.
Hospital or clinic
Speak directly to the complaints officer or manager at the hospital or clinic. Health services must have a complaints process, and the ACSQHC also recommends starting here. Keep a record and ask for a written reply.
State or territory body
The health complaints body in the state or territory where you received care takes service complaints and handles them through conciliation, investigation or referral. VIC public mental health services come under a separate body, the Mental Health and Wellbeing Commission. The names of all 8 bodies are in the questions below.
Ahpra (practitioner regulator)
Takes concerns about individual practitioners only (not complaints about facilities, fees or access to records). It cannot order compensation or an apology, and NSW and QLD have different contact points. Phone 1300 419 495
Specialist agencies
Aged care complaints go to the Aged Care Quality and Safety Commission (1800 951 822), problems with the services of NDIS providers and workers to the NDIS Quality and Safeguards Commission (1800 035 544), complaints about NDIS plans, funding and NDIA decisions to the NDIA (National Disability Insurance Agency), and private health insurance complaints to the Commonwealth Ombudsman.
Tips for making a complaint
Several agencies' guidance recommends the same preparation and tips. Record the facts, work out the outcome you want, and ask for an interpreter and support if you need them.
Record the facts — write down what happened, when, where and who was involved, and what effect it had, and keep copies of letters, emails and receipts.
Work out the outcome you want — choose what is realistic from an explanation, an apology, access to care, access to your records, a refund or fee waiver, or steps to prevent it happening again.
If the matter is complicated, send it in writing — ask when you can expect a reply, ask for the reply in writing, and make a note afterwards of anything discussed verbally.
If English is difficult for you, ask for an interpreter — many agencies tell people to use TIS National (131 450), and you can also involve someone you trust or a support organisation.
If you need your medical records, request access — private health services are covered by the federal Privacy Act and public hospitals by state and territory law, and fees may apply.
Myths and mistakes
The misunderstandings below often lead people to complain in the wrong place or run out of time.
'Hospital complaints go to Ahpra too' is a myth — Ahpra only takes concerns about individual practitioners. Complaints about services such as hospitals and clinics go to the state or territory health complaints body.
'A complaint gets you compensation, a refund or an apology' is a myth — agencies are not courts and do not guarantee an outcome, and Ahpra cannot order compensation or an apology.
Assuming a complaint also stops court time limits — a complaint and a court process are separate. Court time limits may apply separately, so check early with a free legal help service.
'Anonymous means confidential' is a myth — the content of a complaint is usually passed on to the practitioner or organisation concerned. Even where anonymous complaints are accepted, investigation is limited and you may not be told the outcome.
'Signing a consent form or getting a refund ends it' is a myth — the ACSQHC says you still have the right to make a complaint even if you signed a consent form or received a refund.
Where do I lodge a hospital complaint in each state?▾
Lodge it with the agency in the state or territory where you received care: NSW HCCC 1800 043 159; VIC HCC 1300 582 113; QLD OHO 133 646; SA HCSCC 1800 232 007; WA HaDSCO 1800 813 583; TAS Health Complaints Commissioner 1800 001 170; ACT Health Services Commissioner (02) 6205 2222; NT HCSCC 1800 004 474. The SA and NT HCSCCs are separate agencies that only share an abbreviation.
How does Ahpra differ from a state health complaints body?▾
Ahpra only takes concerns about individual health practitioners. It does not take complaints about services such as hospitals and clinics, fees or access to records. Ahpra refers these complaints to the state or territory health complaints bodies, but what each body accepts differs. For example, the TAS body says it does not accept complaints about private practitioners' fees or charges, and the NSW HCCC refers private health cost issues to other bodies such as the health insurance ombudsman and the fair trading agency. Check the official website to find where to lodge. For matters involving a registered practitioner, the bodies may also consult each other to decide who handles it. NSW and QLD have a separate structure for practitioner concerns: in NSW the HPCA (Health Professional Councils Authority) or HCCC, and in QLD the OHO. However, NSW mandatory notifications, and offences under the National Law everywhere, such as falsely claiming to be registered or advertising illegally, are reported to Ahpra.
Must I raise it with the hospital first?▾
It depends on the agency. Most recommend raising it with the health service first. TAS and WA word this almost like a required step, but say to contact them directly if there is a safety issue or you find it hard to speak up. If it is dangerous or an emergency, call 000 or go to an emergency department first. Check the agency's guidance before lodging.
Is there a time limit on hospital complaints?▾
It differs between agencies, and many make exceptions (checked October 2026). TAS, WA and NT generally say 2 years. The NSW HCCC says it may not accept complaints more than 5 years old. In VIC, the law has a rule of 12 months after the service ended, with exceptions. For QLD, SA, ACT and other agencies, ask the agency directly about time limits. Even if the time limit has passed, contact the agency.
If I complain anonymously, will it stay confidential?▾
Some agencies accept anonymous complaints, but this limits their investigation and you may not get updates. A complaint is usually passed on to the practitioner or organisation concerned, and the QLD OHO says it must disclose what the complaint says and who made it. Agencies treat requests to keep your name private differently, so phone to check before you lodge.
Can I request my medical records from a hospital?▾
The federal Privacy Act gives you a general right to request the health information a private health service provider holds about you (for yourself, or through a person you have authorised). Public hospital records are covered by state and territory law. The OAIC (Office of the Australian Information Commissioner) generally treats 30 days as reasonable, fees must not be excessive, and a refusal must come with written reasons and how to challenge it. If you are unhappy with the response, you can complain to the OAIC.
Can I lodge a complaint if I don't have Medicare?▾
According to the agencies' own published wording, the NSW HCCC and QLD OHO say anyone can lodge a complaint, and the VIC HCC says anyone with a concern about a health service can. WA HaDSCO says non-residents and tourists can also complain if they were in WA when they received the service. Other states and territories set their own eligibility to lodge, so check with the agency before you lodge.