Actions in Respect of Health Services

Nature of action Time Limit Period Legislation Provision
“Health service complaint” to Health Ombudsman.

A health service complaint is defined in s31 Health Ombudsman Act 2013 (Qld) as: ‘ a complaint about a health service or other service provided by a health service provider’. Examples of matters that may be the subject of a health service complaint—

·         the health, conduct or performance of a health practitioner while providing a health service.

·         the treatment or care provided to an individual by a health service organisation or employee of a health service organisation.

·         the adequacy of a response by a health service provider to a complaint made to the provider about a particular service provided by an employee of the provider.

·         the level of compliance by a health service provider with accepted standards of professional conduct, having regard to any relevant prescribed conduct documents.

2 Years. s 44 Health Ombudsman Act 2013 (Qld) (1)(b)(iii)The matter of the complaint arose, and the complainant was aware of the matter, at least 2 years before the complaint was made.

(2) However, subsection (1)(b)(iii) does not apply if the health ombudsman reasonably considers –

(a) a registered health practitioner may have behaved in a way that constitutes professional misconduct; or

(b) another ground may exist for the suspension or cancellation of a registered health practitioner’s registration.