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Government of Western AustraliaDisability Services CommissionConsumer Liaison Service
How to have your say
A guide to making a complaint about services for people with disabilities.
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How to have your say
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A guide to making a complaint about services for people with disabilities.This booklet is produced by the Disability Services Commission to help people with disabilities, their families, carers and advocates select the most appropriate way to make a complaint.Every government-provided or funded disability service is required to have a complaints procedure. As a consumer, you have the right to register your concerns or complaint through that procedure. This booklet tells you what you can do and who can help you. All information provided was accurate at the time of printing (September 2009).
© Disability Services Commission 2009
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Contents
Raise your concern 4
What you can expect of disability services 5
Complaints about State Government services 6
Complaints about non-government organisations 10
Complaints about discrimination 14
Help with lodging a complaint 16
Other advocacy services 19
How to have your say
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Raise your concernIt is important for people who use disability services to speak up about their concerns. By doing so they can help everyone, because this feedback:
gives the service provider valuable information on improving the service;prevents the same thing happening to other people who use the service; andgives the organisation a chance to improve its service.
If you have a complaint about a service from a disability service provider, including the Commission, you can:
raise your concerns directly with the person who provided the service, or with a line manager;use the formal complaints procedure of the organisation;
lodge a complaint with the Director of Office of Health Review under Part 6 of the Disability Services Act (1993); ormake use of other complaints avenues that may be available to you.
It is usually best to raise the problem first with the person or organisation that provided the service. However, there are independent complaints services that can help if you feel you are not able to resolve the problem with the service provider.
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What you can expect of disability servicesAs a user of disability services you are entitled to, and can expect, a service which meets the Disability Services Standards. The Commission checks its services and those of funded organisations against the Disability Services Standards. These cover:
access to services;meeting individual needs;decision-making and choice;
the right to privacy, dignity and confidentiality;encouraging participation and integration;achieving a valued status;the right to complain and to seek resolution of disputes; service management; andprotection of human rights and freedom from abuse and neglect.
The Australian Government monitors employment services against a further three standards.Standard 7, which deals with the rights of people who wish to complain, requires service providers to help by:
providing written complaints policies and procedures in clear and plain language which can be made available in Braille, on audiotape or other formats as required;encouraging and assisting people to raise their concerns; andensuring that progress towards resolution of each concern is reviewed within an agreed timeframe.
The Disability Services Commission and the service providers funded by the Commission are required to comply with the Western Australian Carers Charter (Schedule 1 of the Carers Recognition Act 2004) in addition to the Disability Services Standards.
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Complaints about State Government services
Disability Services Commission If the service you receive is provided by the Commission, then you can make your complaint directly to the staff who provide the service or to the Consumer Liaison Service. The Consumer Liaison Service consists of a network of Local Consumer Liaison Officers and is coordinated by the Consumer Liaison Officer at West Perth. If you are not satisfied with the way your complaint has been handled locally or you would prefer it to be handled centrally, you can contact the Consumer Liaison Officer directly. This officer can also advise you on other ways you can pursue your complaint.Contact the Local Consumer Liaison Officer at your local Disability Services Commission office or the Consumer Liaison Officer at head office.Phone: (08) 9426 9244TTY: (08) 9426 9315Freecall: 1800 998 214Email: [email protected]
Department of Health If you wish to complain about services provided by the Department of Health, the first approach is to the government hospital or health service concerned. Each hospital and health service has a complaints procedure you will need to follow.Alternatively, you may contact the Office of Health Review (see page 11).
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Department of Education and Training Parents should first raise their concerns about education services directly with their child’s school. If the issues cannot be resolved through the school, the matter can then be referred to the Manager, Operations at the relevant District Education Office.The Standards and Integrity Directorate of the Department of Education and Training can also become involved in matters relating to serious complaints or matters of misconduct. The school principal or the Manager, Operations may refer concerns to this area if appropriate.If the matter raised with the school and/or the District Education Office cannot be resolved, parents may access additional support through the Parent Advocacy and Liaison Officer, in accessing services.Contact your local school or Manager, Operations at your District Education Office, ORPhone: (08) 9264 4740 Standards and Integrity DirectorateEmail: [email protected]/education/complaints/index.html
Other avenues open to you
Office of Health ReviewThe Office of Health Review can handle complaints about any health or disability service.You, your family, your advocate or carers may complain directly to the Director of the Office of Health Review under the Disability Services Act (1993) about services provided or not provided for people with disabilities, their families and carers.
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If you choose to do this, you will need to explain why you believe that the service provider was unreasonable in:
the manner in which the service was provided;not providing a service;denying or restricting consumer access to records;
disclosing confidential information; ornot complying with the Carers Charter.
The Office of Health Review will also look into complaints about services provided by any health provider in Western Australia including:
hospitals;doctors, dentists, chemists, nurses and other health care staff;psychologists, therapists and allied health professionals;social workers working in a health care setting; nursing homes, hostels or supported residential services; andalternative health providers.
Contact:Office of Health ReviewPhone: (08) 9323 0600TTY: (08) 9323 0616 Country Freecall: 1800 813 583Email: [email protected]
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OmbudsmanThe Ombudsman can help with complaints about administrative matters involving State Government departments and statutory authorities. The Ombudsman also assists where a problem spans two or more State Government agencies. However, the Ombudsman generally expects people to have tried the relevant State Government department’s complaint procedures first. If your complaint is about a matter that can be dealt with by another complaint agency (such as the Office of Health Review) you are expected to use that agency first.The Ombudsman can also investigate complaints about the way the Office of Health Review handles complaints made to it.The Ombudsman does not deal with complaints about decisions made by Government Ministers or the actions of private or non-government organisations.
Contact:Enquiry Officer, State OmbudsmanPhone: (08) 9220 7555, Freecall: 1800 117 000Email: [email protected]
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Complaints about non-government organisationsInternal complaints proceduresAll organisations funded by the Commission or the Australian Government are expected to comply with the Disability Services Standards.If you are concerned about the quality of a service, you should first try to resolve the problem with the organisation concerned. Each organisation is required to have a complaints procedure.Contact the service provider concerned for information about its complaints procedure.
Other avenues open to youIt is possible for you to seek independent reviews. However, you need to make sure that you choose the appropriate avenue for your complaint and this may be the Office of Health Review, or the Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs.
Office of Health Review
Disability ServiceThe Office of Health Review deals with complaints about services for people with disabilities or their families and carers provided by: organisations that are funded by the Commission; private providers not funded by the Commission; and public authorities which provide disability services.
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You will need to explain why you believe the funded organisation acted unreasonably in:
the manner in which the service was provided;not providing a service;denying or restricting consumer access to records;
disclosing confidential information; orfailing to comply with the Carers Charter
Health ServiceThe Office of Health Review deals with complaints after an unsuccessful direct approach to the health provider. It covers the provision of health services from any public or private health provider in Western Australia.
Contact:Office of Health ReviewPhone: (08) 9323 0600TTY: (08) 9323 0616 Country Freecall: 1800 813 583Email: [email protected]
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Australian Government’s Department of Families, Housing, Community Services and Indigenous Affairs (FaHCSIA)The Department of Families, Housing, Community Services and Indigenous Affairs offers a number of ways in which complaints can be raised regarding service provision. If you wish to complain about a service provided by an organisation funded through the Australian Government, you should initially lodge your complaint through the service provider’s complaints process. If you are dissatisfied with the service provider’s response you can complain to the Complaints Resolution and Referral Service (CRRS). The independent service complements the internal complaints system of disability employment and advocacy services. The CRRS service assists consumers to raise concerns about the services they receive and seek appropriate resolution.For consumers of disability employment services it can also assist with concerns about quality assurance certification decisions or about the quality assurance certification process itself.
Contact:Complaints Resolution and Referral ServicePhone: 1800 880 052TTY: 1800 301 130National Relay Service: 1800 555 677Interpreter Service: 131 450Email: [email protected]
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The National Disability Abuse and Neglect Hotline provides support and assistance for anyone in Australia reporting allegations of abuse and neglect involving people with disability.
Contact:National Disability Abuse and Neglect HotlinePhone: 1800 880 052TTY: 1800 301 130National Relay Service: 1800 555 677Interpreter Service: 131 450The Hotline is open 8 am - 8 pm, 7 days a weekEmail: [email protected]
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Complaints about discriminationIf you believe you have been discriminated against on the grounds of your disability or impairment, you can take action through the State Equal Opportunity Act 1984 or the Federal Disability Discrimination Act.
Equal Opportunity CommissionThe Western Australian Equal Opportunity Act 1984 makesit unlawful to discriminate against a person on the groundsof their impairment in relation to:
work;accommodation;education;provision of goods, services and facilities;gaining access to places and vehicles;membership of clubs and incorporated associations;sport;application forms; advertisements; andsuperannuation and provident funds.
Contact:Commissioner for Equal OpportunityPhone: (08) 9216 3900Freecall: 1800 198 149TTY: (08) 9216 3936Email: [email protected]
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Australian Human Rights Commission (Australian Government)The Disability Discrimination Act has similar provisions to the Western Australian Equal Opportunity Act.
Contact:Australian Human Rights CommissionPhone: (02) 9284 9600TTY: 1800 620 241Complaints infoline: 1300 656 419General enquiries and publications: 1300 369 711Fax: (02) 9284 9611Email: [email protected]
Disability Discrimination UnitIf you feel you need legal advice and representation you can contact the Disability Discrimination Unit at the Sussex Street Community Law Service. This service, funded by the Australian Government, provides advocacy on behalf of people wishing to lodge a disability discrimination complaint.
Contact:Disability Discrimination UnitSussex Street Community Law ServicePhone: (08) 6253 9500TTY: (08) 9470 2831Fax: (08) 9470 1805Freecall: 1800 642 791 (country only)Email: [email protected]
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Help with lodging a complaintThe following advocacy organisations may be able to help you with a complaint about quality of service or discrimination by:
advising you of your rights;assisting you to put your complaint in writing; oracting as your advocate to ensure your rights are represented and upheld.
People With Disabilities WA (Inc)People With Disabilities WA (Inc) is a non-government organisation which provides: individual advocacy for people with disabilities on a range of issues which may impact on the person’s personal, family or community life; systemic advocacy on issues which affect groups of people with disabilities; and information about and referral to services for people with disabilities.
Contact:People With Disabilities WA (Inc)Phone: (08) 9386 6477TTY: (08) 9386 6451Freecall: 1800 193 331Fax: (08) 9386 6705Email: [email protected]
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Ethnic Disability Advocacy CentreThe Ethnic Disability Advocacy Centre provides advocacy services for people with disabilities who come from culturally and linguistically diverse (CaLD) backgrounds.
Contact:Ethnic Disability Advocacy Centre320 Rokeby Road, Subiaco 6008Phone: (08) 9388 7455Freecall: 1800 659 921Fax: (08) 9388 7433Email: [email protected]
Consumer Liaison Service (Disability Services Commission)The Commission’s Consumer Liaison Officer can advise you on complaint handling avenues which may be best suited to different types of complaints.
Contact:Consumer Liaison ServicePhone: (08) 9426 9244TTY: (08) 9426 9315Freecall: 1800 998 214Email: [email protected]
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The Health Consumers’ CouncilThe Health Consumers’ Council may be able to advise on lodging health-related complaints with private health providers, hospitals, health services, health insurers, the Medical Board of WA, and the Office of Health Review.Contact:The Health Consumers’ CouncilUnit 13/14 Wellington Fair4 Lord Street Perth 6000Phone: (08) 9221 3422Freecall: 1800 620 780Fax: (08) 9221 5435Email: [email protected]
AdvoCare AdvoCare is an advocacy service that works to protect the rights of people receiving aged residential and community care services.
Contact:AdvoCare1/190 Abernethy RoadBelmont 6104Phone: 9479 7566Freecall: 1800 655 566Fax: 9479 7599Email: [email protected]
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Other advocacy services
Headwest (Brain Injury Association of WA Inc.)
PO Box 298, Applecross 6953Phone: (08) 9330 6370Freecall: 1800 626 370Fax: (08) 9317 2264Email: [email protected]
Blind Citizens WA
Phone: (08) 9355 5113Fax: (08) 9355 5114Email: [email protected]
Personal Advocacy Service (for people with intellectual disability)Phone: (08) 9275 5388Fax: (08) 9375 3461Email: [email protected]
WA Deaf Society
Phone: (08) 9441 2677Fax: (08) 9441 2616TTY: (08) 9441 2655Email: [email protected]
Citizen AdvocacyPerth West
Suite 20, Plaistowe MewsCity West CentreWest Perth 6005Phone: (08) 9322 5999Email: [email protected]
Citizen AdvocacySouth Metropolitan
16 Burton StreetCannington 6107Phone: (08) 9356 2814Email: [email protected]
Advocacy South West (Inc.)
32 Wittenoom StreetBunbury 6230Phone: (08) 9791 3293Email: [email protected]
Disability Services Commission146-160 Colin StreetWest Perth WA 6005Telephone: (08) 9426 9200Facsimile: (08) 9226 2306 TTY: (08) 9426 9315Freecall (Country): 1800 998 214PO Box 441West Perth WA [email protected]
This document is available in alternative formats on request.September 2009CAIB0888 (09/09)