Northern Territory Pharmacy Premises Committee Registrar Contact Details PO BOX 40596 Casuarina NT 0811 Telephone: 08 8922 7035 Facsimile: 08 8922 7334 email: [email protected]

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Northern Territory

Pharmacy Premises Committee

Registrar Contact Details PO BOX 40596 Casuarina NT 0811 Telephone: 08 8922 7035 Facsimile: 08 8922 7334 email: [email protected]

Endorsed By: NT Pharmacy Premises Committee

Effective Date: 30 October 2012 Due For Review: 30 October 2014 Page 1 of 3

COMPLAINT GUIDE: SCHEDULE 7 HEALTH PRACTITIONERS ACT 2004 NORTHERN TERRITORY PROVISIONS

This Guide is to provide information for those wishing to make a complaint using the Complaint Form - Schedule 7 Health Practitioners Act Northern Territory Provisions.

Who can make a complaint?

Any person may make a complaint if they believe that Schedule 7 of the Health Practitioners Act 2004 (the Act), which provides pharmacy premises and ownership controls, is not being complied with. Complaints can also be made on behalf of another person.

What can you complain about?

A complaint may be made where there is non-compliance with the Act by:

• a pharmacy business (such as a community or retail pharmacy);

• a pharmacy service (such as a hospital or defence force facility pharmacy);

• a pharmacist; or

• any other person.

Please note: For any matters relating to professional conduct, please contact the Australian Health Practitioner Regulation Agency (AHPRA) on 1300 419 495 or www.ahpra.gov.au

Who will consider my complaint?

Upon receipt of your complaint, the Registrar will forward the complaint to the Pharmacy Premises Committee (the Committee), which administers the provisions of Schedule 7 of the Act.

The Committee consists of three registered pharmacists and one public member who is not a pharmacist. All members are appointed by the Minister.

In most instances, the Committee will ask the Registrar to conduct a preliminary investigation of the complaint, before the Committee decides on an appropriate course of action. The Committee is only able to investigate complaints relating to pharmacy premises and ownership controls contained in the Act.

How is a complaint made?

It is strongly recommended that complaints be made in writing using the Complaint Form - Schedule 7 Health Practitioners Act Northern Territory Provisions. Other methods of submitting a complaint may be considered by the Registrar upon request.

What information should be in the complaint?

To assist with efficient management of your complaint, please include as much information as possible, including:

• the name of the pharmacy or person;

• the date and time of the incident;

• the names of other people present; and

• any additional information or relevant documents.

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Northern Territory

Pharmacy Premises Committee

What outcome to expect from making a complaint?

If the subject of the complaint is found to be in contravention of Schedule 7 of the Act they may be prosecuted. In other instances, the Committee may elect to provide the offender with the opportunity to make the necessary amendments to ensure legislative compliance.

What information will I receive about the investigation of my complaint?

The Committee will provide you with information when:

• they decide whether or not to accept your complaint;

• the preliminary investigation concludes; and

• any further inquiry concludes, if the Committee considers it appropriate to do so.

How long will it take?

The decision of whether or not to accept a complaint is made at a Committee meeting. These meetings are usually held twice a year and your complaint will be taken to the next Committee meeting.

Please note: in circumstances where the complaint relates to an issue that represents a significant and immediate public risk, then an urgent meeting may be held at the discretion of the Registrar.

Once a complaint is accepted the first step is to invite the person, pharmacy business or pharmacy service to respond to the allegations. Depending on the type of complaint this response is usually required within 28 days; however a longer period of time may be appropriate.

Once a response has been received, the Registrar will determine what further information may be needed to prepare the preliminary investigation report.

It may take some months before you know if your complaint has been accepted and then depending on the type of complaint, some period of time for an investigation to be completed. The preliminary investigation report will then be considered at a Committee meeting.

Many complaints can be resolved within six months however some may take a longer period of time.

What if I am not happy about the outcome?

The Act does not provide a method for decisions to be reconsidered. The Ombudsman may assist you if you believe your complaint was treated unfairly.

You can obtain more information from the publication “Where to Complain in the NT” which is available from:

http://www.ombudsman.nt.gov.au/publications-reports/brochures/

Who can assist me make my complaint?

For assistance in making your complaint, please contact the Registrar.

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Northern Territory

Pharmacy Premises Committee

FURTHER CONSIDERATIONS:

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Confidentiality

The Committee treats all material and communication gathered in the course of an investigation in a confidential manner. Information provided can only be used for the purpose of the investigation.

Committee proceedings in relation to investigations are not open to the public.

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Natural Justice

The principles of natural justice and procedural fairness apply to the investigation of complaints.

These principles provide people with the right to be treated fairly. This means that the subject of a complaint should know the content of the complaint made against him or her and be given an opportunity to respond to any allegations. While all complaints are treated as confidential, the details of the complaint will be made available to the person involved.

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Conflict Of Interest

In keeping with the principles of natural justice, a Committee member who has a conflict of interest will not be involved in the investigation or determination of the particular complaint.