3 steps: Making a complaint about health information privacy

Important: before you make a complaint, read about how to get your complaint ready by using the link on the left side of this page – Collecting information and making a complaint.

There are 3 steps you can take about a health information privacy complaint:

1. Raise your complaint with the Privacy Contact Officer at your prison
2. Contact DJCS Information Privacy Unit
3. Contact the Health Complaints Commissioner.

Step 1: Raise your complaint with the Privacy Contact Officer at your prison

All public prisons have a Privacy Contact Officer.

If your prison is run by a private company, they may have their own privacy complaint process. You should speak to a case worker or your unit manager to find out how to make a privacy complaint.

Complaints to the Privacy Contact Officer in writing (a letter) or in person. It can be helpful to make a complaint in writing so that you have a hard copy of what you said and any response you get.

Important: make sure you keep a record of any complaints you make, and any response you get from prison staff.

When making a complaint to the Privacy Contact Officer, make sure you let them know:

• What went wrong
• How the issue impacted you
• What would make things right for you

It can help to think about these points and make some notes of what you want to say before you have the conversation. This means you will feel prepared and are more likely to say everything you want to say.

If you want to discuss the best way to talk about your privacy issue with the prison, you can call the Health Complaints Commissioner (HCC) by:

• Phone; or
• Writing a letter.

By phone

You can call the HCC from 9am – 3pm on weekdays:

• Enter your prisoner ID number
• Press *06

Phone calls to the HCC are free of charge, and you do not need to add HCC to your phone list.

Important: calls to the HCC should not be recorded or monitored. If you call the number and get the warning that your call is being recorded, hang up and tell prison staff immediately.

Writing a letter

You can write a letter using the following address:

Health Complaints Commissioner
Level 26, 570 Bourke St
Melbourne VIC 3000

Mail to the HCC is free of charge.

Important: mail to the HCC is exempt mail. That means prison officers are not allowed to open your letters to or from the HCC, except in very specific circumstances. For more information on Mail, click here.

Step 2: Make a complaint to the Department of Justice and Community Safety’s Information Privacy Unit

If you are unhappy with how the Privacy Contact Office handled your complaint, you can contact the DJCS Information Privacy Unit.

By phone

• Call 03 8684 0178

Calling this number is not free of charge. You will need to add the DJCS Information Privacy Unit to your phone list.

By email

• privacy@justice.vic.gov.au

Step 3: Make a complaint to the Health Complaints Commissioner (HCC)

If you are unhappy with how the Privacy Contact Officer or Information Privacy Unit has handled your complaint, you can bring your complaint to the Health Complaints Commissioner (HCC).

Making a complaint to the HCC is free and you don’t need a lawyer.

Important: you must make a complaint to your prison first, before you can make a complaint to the Health Complaints Commissioner. If you do not hear back about your complaint after 5 days, or are not happy with the response you got, you can contact the Health Complaints Commissioner.

You can make a complaint to HCC by:

• Phone; or
• Writing a letter:

You can also ask someone else to make a complaint for you – like a partner, family member, friend or lawyer. HCC will ask for your consent first.

People outside prison can call the HCC on 1300 582 113 or complete an online form on the HCC website.

By phone

You can call the HCC from 9am – 3pm on weekdays:

• Enter your prisoner ID number
• Press *06

People outside prison can call the HCC on 1300 582 113.

Phone calls to the HCC are free of charge, and you do not need to add HCC to your phone list.

Important: calls to the HCC should not be recorded or monitored. If you call the number and get the warning that your call is being recorded, hang up and tell prison staff immediately.

Writing a letter

You can write a letter using the following address:

Health Complaints Commissioner
Level 26, 570 Bourke St
Melbourne VIC 3000

Mail to the HCC is free of charge.

Important: mail to the HCC is exempt mail. That means prison officers are not allowed to open your letters to or from the HCC, except in very specific circumstances. For more information on Mail, click here.

What to include in your complaint

The HCC website says to include the following information in a complaint about health information privacy:

• Name of the organisation (health service at your prison)
• Name of a contact person at the health service
• Type of health information involved in your complaint
• Details of the incident, including copies of any relevant documents
• Details about what would help the issue for you or changes you want to see in the health service to address the issue

Can I make a complaint anonymously?

Yes you can, however it will limit the kind of help the HCC can give you, and they will not be able to give you updates.

Can someone complain on my behalf?

Yes, but they must have your consent. The person complaining on your behalf should speak with the Health Complaints Commissioner to find out what evidence they need to prove your consent.

Source: Health Complaints Commissioner website, DCJS website