Complaints process – Joint Medical Examinations

1. Introduction

1.1 The purpose of this document is to formalise a process for feedback and or complaints specific to Joint Medical Examinations (JMEs).

1.2 This process is restricted to feedback and complaints relating to concerns about a client’s attendance at a JME and or the professional conduct of an examiner.

1.3 Feedback/complaints assists the TAC, Australian Lawyers Alliance (ALA) and Law Institute of Victoria (LIV) to monitor, evaluate and improve the operation of the JME process and experience for clients.

1.4 All feedback and concerns should be addressed promptly, with clear and transparent communication about the actions taken and the resulting outcome.

1.5 The TAC will take carriage of all feedback and complaints and will be responsible for liaising with all relevant stakeholders to resolve any complaints raised.

2. Feedback or complaint

2.1 If a client wishes to provide feedback about their experience at a Joint Medical Examination, or where they have concerns regarding the professional conduct of an examiner, they may provide feedback (informal or formal) to their lawyer or to the TAC in accordance with Section 3: Process.

2.2 Feedback: Feedback may be positive or constructive and can relate to the client’s experience and/or professional conduct of an examiner. Feedback will be recorded and monitored by the TAC in accordance with the Joint Medical Examination Quality Assurance Framework. No formal response will be requested from the examiner where feedback is provided.

2.3 Complaint: A complaint will initiate a formal process, requiring a written response from an examiner. Where a complaint is lodged, the TAC will liaise directly with the examiner, outlining all concerns raised by the client and will seek a written response. The response from the examiner may include:

  • an apology;
  • further explanation, clarification or additional information regarding the examination or circumstances;
  • corrections to a report where factual or health information is incorrect.

3. Process

3.1 Lodging feedback or a complaint: For all feedback and complaints relating to a JME, the client or their lawyer must complete the online complaints and compliments form via the TAC website.

3.2 Reviewing and responding to feedback and complaints:

  • 3.2.1 Feedback: Where feedback is received (positive or constructive), the TAC will:
    • record the feedback for quality assurance purposes;
    • send an acknowledgement letter to the client and their lawyer within 14 days of receipt and confirm no further action will be taken.

Where there is repetitive feedback about an examiner, the TAC may initiate contact with the practitioner. No action is required from the client or their lawyer in these instances. For more detail, refer to Section 5: Monitoring and quality assurance.

  • 3.2.2 Complaints: Where a complaint is received, the TAC will take carriage of the complaint as follows:
    • record the complaint for quality assurance purposes;
    • acknowledge receipt of the complaint by writing, to the client and their lawyer within 14 days;
    • write to the examiner within 21 days of receiving the formal complaint, seeking a written response to the issues raised;
    • provide the examiner’s response to the client and their lawyer within 7 days of receipt;
    • endeavour to resolve the complaint within 72 days of receiving the complaint.

Where a complaint involves complex issues, resolution of the issue may take longer than 72 days. In such cases, the TAC will keep the client and their lawyers informed of the progress and expected timeframes.

If a client remains unsatisfied with the outcome of the examiner’s response, refer to Section 4: Unresolved complaints.

4. Unresolved complaints

4.1 Escalation process:

  • 4.1.1 Where either of the parties remain dissatisfied with the outcome of the response provided by the examiner, an attempt to resolve the issue should be made between the TAC and the client’s lawyer.
  • 4.1.2 In the event that the issue remains unresolved, the concerned party may escalate the matter to the TAC Medical Examinations Team at medical_examiners@tac.vic.gov.au. The issue will be discussed at the Protocols Working Group (PWG) where the TAC, LIV and ALA representatives will reach a determination on the issue.
  • 4.1.3 The outcome will be communicated to the client and their lawyers.

4.2 Alternative resolution pathway:

  • 4.2.1 Alternative avenues to raise concerns regarding the conduct of an examiner may be addressed to the following bodies: Australian Health Practitioner Regulatory Agency (AHPRA) via www.ahpra.gov.au and the Health Complaints Commissioner via hcc.vic.gov.au.

5. Monitoring and quality assurance

5.1 TAC monitors all feedback and complaints for ongoing trends with respect to examiner behaviour and conduct in accordance with its quality assurance process. The TAC will initiate contact with an examiner when multiple complaints or feedback is received, or where emerging trends are identified.

5.2 The TAC will document and collate all feedback and complaints, their progress and outcomes for discussion at relevant forums.

5.3 Where there are significant concerns and trends identified regarding a JME (de-identified), the TAC will work together with the ALA and LIV representatives to decide the most appropriate course of action. This may involve temporarily pausing acceptance of future JME referrals with the practitioner until the TAC is satisfied that all resolutions have been addressed and referrals can be reinstated.