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									Health Conciliation
  Registry (NSW)
   Good outcomes for us all
            Background
The Health Conciliation Registry is part
of the NSW Health Care Complaints
Commission.

The Commission was established in
1993 to protect the health and safety of
the NSW public.
  The Commission’s charter:
• Receive and assess complaints relating
  to health service providers in NSW
• Resolve or assist in the resolution of
  complaints
• Investigate serious complaints that
  raise questions of public health and
  safety
• Prosecute serious complaints
    Resolve or assist in the
   resolution of complaints
There are 3 options available:

• Local Resolution

• Assisted Resolution

• Health Conciliation Registry
Complaints suitable for conciliation are likely
to meet at least one of the following criteria:

• there has been a breakdown in
  communication between the parties
• insufficient information, or an inadequate
  explanation, was provided to the
  complainant about why there was a poor
  outcome or adverse event
• the complainant is seeking an improvement
  in the quality of health service
• a refund or compensation is sought as an
  outcome.
Conciliation is
voluntary and
 confidential
          (s 51 Health Care Complaints Act 1993)


(1) Evidence of anything said or of any admission
    made during the conciliation process is not
    admissible in any proceedings before a court,
    tribunal or body.
(2) A document prepared for the purposes of, or in
    the course of, the conciliation process (or a copy
    of such document) is not admissible in any
    proceedings before a court, tribunal or body.
(3) This section does not apply to evidence or a
    document if the persons who attended, or were
    named during, the conciliation process and, in the
    case of a document, all persons named in the
    document, consent to admission of the evidence
    or document.
 Claims for compensation

The confidentiality of the evidence
provided and documents prepared
for conciliation means that there
is scope to resolve a claim for
compensation.


             $$ ?
07/08 Conciliating complaints
• The Commission referred 198 complaints for
  conciliation.

• 89.3% of these complaints were about
  communication and treatment

     (Complaints regarding professional
      conduct issues such as a lack of
      competence,Illegal practices and sexual
      misconduct are referred for
      investigation)

• 207 matters were finalised.
             Consent rates
Of the 207 matters finalised:

• In 131 (63%) complaints, both parties initially
  agreed to participate in conciliation.
  However in 25 of these (12%), one of the
  parties later withdrew

• In 62 cases (30%), one or both parties
  declined upfront

• Another 13 matters (5.8%), were referred to
  the Commission’s Resolution Service and 1
  matter was resolved prior to contact by the
  Registry.
Complainants are more
likely than providers to
decline the offer of
conciliation.

Their rate of decline was
almost 3:1
          Conciliation outcomes

Of the 106 matters where the
parties consented to conciliate the
complaint:

• 80 complaints (75.5%) were resolved.

• In 26 complaints, the parties could could not
  reach an agreement. However in 10 (9.4%)
  of these, the meeting nevertheless helped to
  clarify the complainant’s concerns.
  Feedback from conciliation
    meeting participants:
The good
The bad

The ugly

								
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