We take reasonable steps to make sure the information we hold is accurate, complete, up-to-date and relevant to our functions and activities by checking information with individuals and organisations at relevant points in the progress of a complaint, investigation or other process. We also rely on you to let us know when your contact details have changed.
The Freedom of Information Act 1982 (FOI Act) provides an individual person the right to request access to documents held by the HCC. This right of access is subject to limited exemptions.
The object of the FOI Act is to extend as far as possible the right of the community to access information in the possession of the Government and other entities constituted under the law of Victoria.
You have a legal right to request access or correction of your personal information held by us under the Freedom of Information Act 1982 (FOI Act). A request must be made in writing and clearly describe the documents you are seeking access to. Once we understand what documents you are seeking, we will process your request and provide you with a decision within the statutory timeframe, being 30 days after the date of your request, or up to 45 days if consultation with third parties is required.
You need to include the application fee ($32.70 from 1 July 2024 to 30 June 2025) or provide evidence of financial hardship (such as a Centrelink concession card) if you are asking for a fee waiver. Further access charges may apply where documents are released under the FOI Act, unless hardship applies.
In many instances, we will be able to provide you with the information you are seeking without requiring you to make a formal request for access. Consider contacting us at [email protected] to let us know what documents or information you are seeking. This may assist us to consider whether we can informally release the documents to you without the need for a formal FOI request.
How to make and FOI request
Requests under the FOI Act should be:
- emailed to [email protected] if a waiver is sought for hardship. Copies of documents in support of the waiver request should also be provided; or
- mailed to us by registered post to the following address: FOI Officer, Health Complaints Commissioner, Level 26, 570 Bourke Street, Melbourne, Vic 3000 along with a cheque or money order made out to ‘Health Complaints Commissioner’ for the application fee (Online requests and electronic payments are not available).
Please describe what documents you are requesting access to, and please try to be clear and specific about the documents you are seeking. If you are requesting your personal information, you should provide evidence of your identity (e.g. a certified copy of your current drivers licence or other photographic identification).
For further information about making an FOI request, visit the Office of the Victorian Information Commissioner.
Freedom of Information: Part II Statement
The HCC aims to make information and documents easily accessible to members of the public. The statements listed in this part outline the functions of the HCC and provide a non-exhaustive list of the types of information and documents we hold in relation to our functions.
Organisation and functions
The HCC is an independent body established under the Health Complaints Act 2016 (HCA) to receive and deal with complaints about health service providers and to regulate general health service providers in Victoria. It administers functions and powers in accordance with the HCA and the Health Records Act 2001 (HRA).
Health Complaints Act 2016
Under the HCA, the HCC's key functions and decision-making powers include:
- facilitating the resolution of complaints about health services in Victoria
- determining how complaints should be dealt with in accordance with the HCA
- conducting investigations under Part 4 of the HCA
- making prohibition orders against health service providers in accordance with the requirements of the Act
- educating consumers and providers about their rights and responsibilities
- providing information and education to health service providers about their responsibilities; and
- monitoring and reviewing trends in complaints data.
Health Records Act 2001
Under the HRA, the HCC’s key functions and decision making-powers include:
- receiving complaints about an act or practice of an organisation that may contravene a HPP, interfere with the privacy of an individual or have an adverse effect on the privacy of an individual
- giving effect to the resolution of complaint matters by conciliation
- investigating, conciliating and making decisions about complaints in relation to any interference with privacy under the HRA
- serving compliance notices on organisations
- conducting or commissioning audits of records of health information held by an organisation for the purposes of ascertaining whether the records are handled according to the HPPs, and
- issuing, approving or varying guidelines for the purposes of the Health Privacy Principles (HPPs)
Categories of documents
The HCC creates and stores a broad range of documents electronically and in hard copy. These documents include:
- Policies and procedures
- Correspondence
- Reports
- Briefings
- Employee records
- Financial records
- Training and educational material
- Images and videos
Documents are organised under the following categories:
- Administrative
- Business
- Training and education
- Policy
- Legal
- Human resources
Freedom of information arrangements
The Freedom of Information Act 1982 (FOI Act) provides an individual person the right to request access to documents held by the HCC. This right of access is subject to limited exemptions.
The object of the FOI Act is to extend as far as possible the right of the community to access information in the possession of the Government and other entities constituted under the law of Victoria.
You have a legal right to request access or correction of your personal information held by us under the FOI Act. A request must be made in writing and clearly describe the documents you are seeking access to. Once we understand what documents you are seeking, we will process your request and provide you with a decision within the statutory timeframe, being 30 days after the date of your request, or up to 45 days if consultation with third parties is required.
You need to include the application fee or provide evidence of financial hardship (such as a Centrelink concession card) if you are asking for a fee waiver. Further access charges may apply where documents are released under the FOI Act, unless hardship applies. Refer to our Freedom of Information page for details.
In many instances, we will be able to provide you with the information you are seeking without requiring you to make a formal request for access. Consider contacting us to let us know what documents or information you are seeking. This may assist us to consider whether we can informally release the documents to you without the need for a formal FOI request.
How to make an FOI request
Requests under the FOI Act should be:
- emailed to [email protected] if a waiver is sought for hardship. Copies of documents in support of the waiver request should also be provided; or
- mailed by registered post to the following address: and marked for the attention of the FOI Officer, Health Complaints Commissioner, Level 26, 570 Bourke Street, Melbourne, Vic 3000 along with a cheque or money order made out to ‘Health Complaints Commissioner’ for the application fee. (Online requests and electronic payment are not available).
Please describe what documents you are requesting access to, and please try to be clear and specific about the documents you are seeking. If you are requesting your personal information, you should provide evidence of your identity (e.g. a certified copy of your current driver’s licence or other photographic identification).
For further information about making an FOI request, visit the Office of the Victorian Information Commissioner.
PUBLICATIONS
The HCC produces a number of publications which can be accessed and downloaded from our Resources page available on our website.
The HCC Service Charter is published on the Service Charter page of our website.
RULES, POLICIES AND PROCEDURES
The HCC has a range of policies and procedures that govern its daily operations and support its administrative functions, including policies and procedures around:
- Conflicts of interest
- Records management
- Complaints about the HCC
- Complaint handling
- Privacy and confidentiality
- FOI requests made to the HCC
- Safety and risk.
The HCC applies policies of the Department of Health to the extent they apply.
REPORT LITERATURE
The HCC publishes an annual report each year. These reports can be viewed and downloaded on our Annual Reports page.