Procedure for Complaint Handling
Health & Community Services Complaints Commissioner
The Complaints Advisory Committee
Formal Proceedings (pdf document)
Obligation to Report Incapacity
Impaired practice by an unwell pharmacist
Form for a Complaint of a Pharmacist's Conduct
Under the Pharmacy Practice Act 2007 the Pharmacy Board must investigate all complaints it receives. However the Board may decide that a matter could be grounds for a complaint and refer it for investigation on its own motion. The Board may also refer matters to the office of the Health and Community Services Complaints Commissioner.
If the Board decides to move forward with a complaint then it is referred to a Complaints Advisory Committee (CAC) for investigation. A CAC may request the pharmacist to give an explanation and may collect such evidence as it needs to investigate the complaint.
After it has investigated a complaint, a CAC must either:
Informal disciplinary proceedings are normally held as part of a regular Board meeting. The pharmacist will be requested to give an explanation of the incident that has given rise to the complaint and will be questioned by the Board.
After considering any explanation during the informal hearing, if the Board is satisfied that a complaint has been substantiated but that it is not sufficiently serious to warrant formal disciplinary proceedings, the Board may do either or both of the following:
Undertakings accepted by the Board usually relate to the pharmacist taking action to ensure that an incident is not repeated, for example by instituting revised procedures or undertaking appropriate training.
The Board can institute formal disciplinary proceedings if a complaint has been made on reasonable grounds and is of a serious nature. The Pharmacy Practice Act 2007 defines the powers and procedures of the Board when it is acting as a disciplinary tribunal.
After any formal disciplinary proceedings, the Board, at its discretion, may take one or more of the following actions as it considers appropriate:
The Board may also require the defendant to pay the costs associated with the disciplinary proceedings.
Decisions arising from formal disciplinary proceedings can be appealed to the Supreme Court.
Parts 4 and 5 of the Pharmacy Practice Act 2007 deal with the disciplinary process.
Complainants will be notified at the conclusion of the investigation of the action the Board has taken in response to the complaint.
The Board has found that straightforward complaints are usually finalised in less than three weeks; complicated matters, a little longer.
If you wish to obtain further information at any time after a complaint has been acknowledged, please ring the Board offices on (08) 8331 8865.