Responding to Client Complaints
How to Respond to Client Complaints Made to Your Employer or Regulator
Facing a complaint from a client, whether to your employer or a regulator – can be highly stressful and may seriously affect your ability to continue practising. That’s why it’s essential to understand the relevant processes and know when to seek legal advice.
Complaints Made to Your Employer
If a client lodges a complaint with your employer, several actions may follow. These can include initiating a workplace investigation or issuing a “show cause” notice, asking you to explain why disciplinary action should not be taken.
During this process, you should be provided with the details of the complaint and given a fair opportunity to respond. This is part of procedural fairness, which means among other things:
- You receive sufficient information and relevant evidence to prepare a response.
- The complaint is properly considered before any decision is made.
- The decision-maker is impartial.
If the allegations are substantiated, serious consequences may follow, including termination of employment. Your employer may also refer the matter to a health regulator.
Complaints Made to a Regulator
Although social workers are not currently required to register with Ahpra, they are still subject to various state and federal laws, as well as the AASW Social Work Code of Ethics 2020.
Clients may lodge complaints with state-based health regulators, such as:
- Queensland: Office of the Health Ombudsman
- New South Wales: Health Care Complaints Commission
- Victoria: Health Complaints Commissioner
These regulators typically present the complaint details to the practitioner, along with any supporting evidence. Practitioners are usually given the opportunity to respond before a decision is made. Each state’s legislation outlines specific timeframes and procedures for handling complaints.
Complaints are generally assessed against the National Code of Conduct for Health Care Workers. Depending on whether the complaint is substantiated, and the seriousness of the conduct, regulators may impose restrictions on your ability to practise. In severe cases, a prohibition order may be issued if the regulator is satisfied on reasonable grounds, you pose a serious risk to public health or safety due to your health, conduct, or performance and it is necessary to issue the order to protect public health and safety.
Why Early Legal Advice Matters
Given the potential consequences of a complaint, seeking legal advice early, understanding the process, and knowing how to respond effectively can significantly influence the outcome.
To request your complimentary legal consultation, please complete the referral form. Once submitted, a representative from Hall Payne Lawyers will contact you directly to arrange your consultation.