Right 1 Access

1. Right 1 Access Right to access health and community services John and Mary • John & Mary’s 40 year old son, Daniel, died in an aged care facility • they complained that the aged care facility was inappropriate for Daniel’s age • HCSCC arranged a meeting for John and Mary with the service provider • they explained that there was nothing else available but there were plans for a facility to care for younger people • John and Mary became involved in the Consumer Advisory Group and helped to plan the new facility

2. Right 2 Safety Right to be safe and free from abuse Hayden • told HCSCC he was forcibly restrained and injected by hospital staff • the hospital said Hayden had woken in a confused state and could have become aggressive • a Code Black was called. Code Black is how the hospital deals with the risk to staff from aggressive patients • HCSCC found the hospital had inappropriately used the Code Black procedure as Hayden had not been aggressive • HCSCC recommended that the hospital improve their procedures and apologise to Hayden

3. Right 2 Safety Right to be safe and free from abuse Donna • a young woman with an intellectual disability was vulnerable due to her high risk behaviours • Donna’s service provider was making plans for her to be a part of a new accommodation service • Donna was to be housed with a group of men whose backgrounds involved drug abuse and criminal offending • HCSCC intervened after finding that Donna’s safety may be compromised • the service provider changed their decision and found alternative housing for Donna

4. Right 3 Quality Right to quality service Rose • complained for her husband, Peter, who was in hospital for rehabilitation • through a disability service Rose organised bathroom alterations to allow wheelchair access so that Peter could return home • Rose was unhappy with the quality of the contractor’s work and said the renovations failed to meet the standards required • she complained to the service provider but they did not respond • Peter’s discharge was delayed • HCSCC found the service provider’s complaints process and procedures for monitoring contractors needed improving • HCSCC mediation with Rose and the service provider resolved the complaint

5. Right 3 Quality Right to quality service Fatima • was a foster carer who was concerned that 8 year old Georgia was not being seen by her case worker • she contacted the service provider and was told someone would visit soon but nothing happened • Fatima was particularly concerned because Georgia had become unsettled and withdrawn • HCSCC contacted the service provider and they admitted visits should have happened • the service made an appointment to assess Georgia and allocated a case worker

6. Right 4 Respect Right to be treated with respect Mary • complained on behalf of her Aboriginal son, Thomas about his mental health services • she complained that there was a lack of cultural sensitivity because Thomas was allocated a female doctor • due to the poor relationship Thomas had with his doctor, she had refused to give him a letter supporting his application for housing • HCSCC requested that the service provider review Thomas’s care • after a review Thomas was allocated a male doctor who provided the letter of support

7. Right 4 Respect Right to be treated with respect Mario • has a disability and needs daily support to manage his feeding • he complained that his carers were not turning up, not calling him and often made him late for work • he had complained to the service, but felt they didn’t treat him with respect or understand his reliance on the service • HCSCC organised a meeting for Mario to talk to the service managers • the service managers apologised to Mario and told him they would listen to him in future • HCSCC checked with Mario later and he said communication had improved

8. Right 5Information Right to be informed Jim • was told minor surgery would involve an overnight stay but instead he was put in an induced coma for a week • HCSCC found that the hospital’s actions were reasonable because Jim had had an allergic reaction to the anaesthetic • HCSCC facilitated a meeting with hospital staff to provide an explanation to Jim and answer his questions • Jim was assisted with his recovery, thanked staff and felt confident to use the hospital again

9. Right 5 Information Right to be informed Phyllis • a frail aged woman, needed a mobility aid to maintain her independence • she applied to a community support agency and was on the waiting list for 12 months before the service provider told her that they don’t provide mobility aids • HCSCC found that Phyllis had not been given the right information and recommended that clear information and appropriate referral be provided to people when they contact the service • Phyllis was referred and received assistance from another agency

10. Right6Participation Right to actively participate Belinda • an adult woman with a disability was receiving support in residential care • she complained that she was not involved in decisions about her care like what meals she ate, choice of workers and the times when services were provided • Belinda had the support of a guardian to assist and advocate on her behalf • HCSCC found the service was not supporting Belinda’s right to participation • Belinda and the service provider developed a communication plan so that she could participate in decisions about her care

11. Right6Participation Right to actively participate Mike • attended a private hospital for knee surgery • the final bill was much more than Mike thought it would be and he complained to HCSCC • HCSCC found that the service provider had • discussed the surgery and costs with Mike • provided Mike with a written quote and explained that some costs may vary • HCSCC found that although Mike disagreed with the final bill, that there had been informed financial consent

12. Right 7 Privacy Right to privacy and confidentiality Michelle • complained that the hospital compromised her privacy by speaking with her psychiatrist and making irrelevant notes without her consent • Michelle was seeing a psychiatrist but she was not in hospital for a psychiatric condition • HCSCC reviewed the hospital notes and found that the hospital had contacted the psychiatrist, with Michelle’s permission, to get information about how best to treat her • HCSCC found that all the notes were relevant to Michelle’s medical treatment

13. Right 7 Privacy Right to privacy and confidentiality Annie • is an Aboriginal woman with a terminal illness who regularly attends a regional hospital • she was concerned that her personal information had been shared in the community by a hospital employee • Annie complained to the hospital and got no response • community members confirmed information about Annie had been shared • HCSCC found that Annie’s privacy had been breached and recommended changes to the security of medical records and that staff receive training about privacy and confidentiality

14. Right 8 Comment Right to comment and / or complain Veronica • is 14 years old who has diabetes • she was given an incorrect dose of insulin with serious results • Veronica complained to the service provider but they did not respond • HCSCC investigated and found the service provider needed to improve services to young people with diabetes and their complaints process • the hospital improved procedures, trained staff and developed a care plan for Veronica

15. Right 8 Comment Right to comment and / or complain Cooper • attended his local GP with symptoms of anaemia • the GP told Cooper to rest and didn’t do any tests for anaemia • Cooper ended up in hospital needing many blood transfusions • Cooper returned to his GP to complain and was told ‘That was then and this is now’ • after investigating, HCSCC referred the complaint about the doctor’s care to the Australian Health Practitioner Regulation Agency • HCSCC recommended that the GP clinic set up a complaints process and train staff in complaints handling

16. Right 8 Comment Right to comment and / or complain Vikram • complained about threats made to him by a mental health worker • he complained to the mental health team a few times but they didn’t take any action • HCSCC found that the service provider had not responded to Vikram’s complaints and that other service users had similar complaints • following HCSCC’s investigation, the mental health worker was removed and the complaint procedure was improved