Complaints about Disability Services

The Health and Disability Services Complaints Office (HaDSCO) is an independent Statutory Authority offering an impartial resolution service for complaints relating to health, disability and mental health services in Western Australia and the Indian Ocean Territories.

From 1 December 2020, HaDSCO will continue to receive and resolve complaints about non-NDIS funded disability services in Western Australia and any complaints about NDIS funded services occuring before 1 December 2020.  

 

Disability Service Complaints

This information is also available as an Information Sheet.

• Please see our guide to Complaints about Disability Services.
• Please see our Easy English Leaflet about Disability Service Complaints.

Please click on one of the questions below or scroll down to read the whole section.

• Who can make a complaint?
• Who do I speak to?
• How long do I have to raise a complaint?
• What services can complaints be about?
• What can a complaint to HaDSCO not be made about?
• What can a complaint be made about?
• What can be achieved by making a complaint?

 

Who can make a complaint?

A complaint can be made by:

• The person who received the service.
• A relative, representative or carer.
• A representative of a person who died.
• A provider, on behalf of the person who received the service from another provider.
• A carer, about a failure to comply with the Western Australian Carers Charter as set out in the Carers Recognition Act 2004.

If you’re complaining on behalf of someone else, make sure you get their permission before lodging your complaint form.  If the person making the complaint is not a relative of the service user, they will need to sign the declaration on the HaDSCO complaint form to say that they have no financial interest in the outcome of the complaint and that they are acting without payment.

Advocacy assistance can help you understand your options and support you to make a complaint. 
Find support from agencies listed with the Department of Communities or Disability Advocacy Finder.

Please also see our guide to Complaints about Disability Services.

 

Who do I speak to?

If you’re not satisfied with your service provider, please first raise your concerns with them directly. We will ask if you have raised your complaint with the service provider before lodging a complaint with HaDSCO.  Please see our complaints section for tips on how to raise a complaint with a service provider.

Speaking directly with your service provider is often the quickest and easiest way to resolve complaints. If you are unable to take your complaint to the service provider directly or your complaint has not been resolved, then you can raise a complaint with HaDSCO.

 

How long do I have to raise a complaint?

HaDSCO is generally unable to deal with matters that are more than two years old or that have already been determined by a Court, registration board or tribunal. In these cases, referrals to alternative organisations may be suggested.

Some discretion exists if there is a good reason for the delay, for example if you only became aware of the problem that led to the complaint after the two year period has expired. Contact HaDSCO if you are unsure about whether your complaint is within the time limit.

 

What services can complaints be about?

A complaint can be made about an individual or organisation that provides a disability service. This includes:

• Accommodation.
• In-home support.
• Respite services (in-home and residential).
• Therapy Services.
• Employment Services.
• Day Activities.
• Recreation and Leisure services.
• Advocacy services.

 

What can a complaint to HaDSCO not be made about?

HaDSCO cannot deal with complaints about:

• Items that you have bought that help manage your disability - please contact Consumer Protection.
• An NDIS Plan or the funding allocated under a plan - please contact the NDIA.  
• The way the NDIA made its decision or how it dealt with you during the review process - please contact the Commonwealth Ombudsman. 
• Complaints about NDIS funded services - please contact the NDIS Quality and Safeguards Commission*

*From 1 December 2020, HaDSCO will continue to receive and resolve complaints about non-NDIS funded disability services in Western Australia and any complaints about NDIS funded services occuring before 1 December 2020.  

If you are not sure if HaDSCO can help with your disability service complaint, please contact us.

What can a complaint be made about?

Part 6 of the Disability Services Act 1993 sets out the complaints HaDSCO is able to accept. These include by:

Not delivering a disability service, including:

• Refusing to provide a service where the service is available.
• Reducing an existing service such as providing shorter service opening hours.
• Removing a service or denying the provision of additional treatment or services perceived to be of benefit.

Acting unreasonably in providing a disability service, including

• An appointment not being kept by the provider and no explanation being provided.
• Withdrawing or denying treatment.
• Not obtaining consent, or not informing the consumer about consent options.
• Refusing to admit or treat.

In the manner of providing a service, including:

• Staff or volunteers not being appropriately skilled or competent.
• Treatment not effectively coordinated.
• Staff conduct or behaviour that is inappropriate, offensive, unprofessional or discriminatory.

Delaying, denying or restricting the consumer’s access to records, including being refused access to the medical information held on your personal file.

Breaching confidentiality, including sharing personal information without obtaining your consent.

Charging an excessive fee, including:

• Failing to provide adequate information about costs.
• Administering a funding policy unfairly or unreasonably resulting in applications for financial assistance for disability service access/provision being refused.

Failing to deal with a complaint effectively, including:

• Not resolving issues that the consumer, advocate or legal guardian is dissatisfied about.
• Not allowing you to make a complaint.
• Failing to respond to an allegation of abuse or neglect.

Failing to comply with the Western Australian Carers Charter, including:

• Failing to discuss care plans/treatment with carers.
• Failing to make complaints processes accessible to carers and/or failure to respond to a carer’s complaint in a timely, appropriate and professional manner.

Failing to comply with the Disability Services Standards, including: Service provider not recognising intellectual disability or other disability in mental health planning.

 

What can be achieved by making a complaint?

Complaints can be valuable feedback for service providers and sometimes lead to quality improvements for other service users. If you have not been able to resolve your complaint directly with the service provider, we may be able to help you achieve outcomes such as an:

• Explanation.
• Apology.
• Change in policy or procedure.
• Refund or waiver of fees.
• Access to counselling or other support.
• Access to a service.
• Training or education for the service provider.
• Conciliation conference or negotiated settlement.
• Investigation.

HaDSCO supports improvement through complaint resolution and your complaint may help to improve the service for others.

If you are ready to raise a complaint with HaDSCO, please go to our online Complaint form or contact us.