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Making a complaint about a psychologist in Qld.
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1. Can a psych voice or video record a session without my consent?
2. Can I record without the psych's knowledge or consent (Qld) in a session where I am the client? In Qld, privacy laws allow for recording without consent where you are a party to the conversation.
3. Can I get a copy of a psych's notes about me sent to my new psych? or how do I access a copy myself?
4. If anyone has put in a complaint about a psych, which body did you complain to (I believe there are a few options depending on level of alleged malpractice and one process specific to Qld being the HQCC who failed to investigate properly a complaint I made about a dentist many years ago)
5. Would you mind sharing the outcome of the complaint ie were you believed? was action taken? is the psych still practising? what were their breaches? in hindsight would you still complain?
Thank-you kindly
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Dear Icantfindaname
Welcome to the forum.
- I rather think a psych cannot record a session without your knowledge and consent. I will give you the agencies you can complain to and this should be one of your questions.
- If you have confirmed that you can legally make a recording without the psych's knowledge and consent, then that answers your question. I would have said no for the same reasons as not allowing the psych to record conversations without permission.
- Generally a previous practitioner will send notes or a summary to your new psych if you ask. You can ask for a copy for yourself in any case. This comes under the Privacy Act and it may be helpful for you to read the relevant sections. There are exceptions to this if by you gaining access you may cause yourself harm or another person harm.
- Not sure what HQCC is. Complaints go to AHPRA (Australian Health Practitioner Regulation Agency) This is their web page. https://www.ahpra.gov.au/ They will only investigate complaints which are not more than 12 months old. AHPRA has further information on their web site including a link to the Psychology Board. You can also complain to the Office of the Health Ombudsman in Brisbane which is able to take various actions including stopping the practitioner operating.To decide which is the most appropriate you will need to contact these agencies and ask.
- My situation was very different to yours and went to the criminal court. I had little to do with AHPRA because of their time limit. I have found OHO very good.
I do not like talking about my situation as I still have nightmares about it. Please be assured it was nothing like yours. I suggest you explore both AHPRA and OHO web sites for information as well as the Privacy Act. Contact them if you need clarification or help.
Mary
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Hi icantfindaname,
Welcome to the forum. Mary has answered your question so well that I am not sure there is much more I can add. I did want to acknowledge the importance of being able to escalate your complaint about your care. I have seen many people in the health system receive inadequate care and not feel supported in feeling heard and their concerns were not taken seriously. It is definitely a difficult process to navigate however it seems your on the right track already and are well versed in some of the professional agencies that can support you such as AHPRA and the HQCC.
Requesting your records to be transferred to another psych is reasonable however they would likely only provide a ‘summary of care’ rather than the actual case file notes. Under ‘Freedom of Information’ you can make a formal request to your health care provider to gain access to your case notes. This is often supported by a lawyer in my experience. You can read some high level guidelines by having a look at this website... https://www.oaic.gov.au/privacy/health-information/access-your-health-information/
I hope you are able to progress your compliant. Making a difference in the system is often by giving feedback to both good and poor standards of care.
If you like, you can let us know how you go through the process. We are here and listening.
Wishing you the best possible outcome,
Nurse Jenn