Jurisdiction and functions of key agencies with responsibility for medico-legal matters in Australia
| Civil courts | Health complaints commissions | Medical Board of Australia | |
|---|---|---|---|
| Cases handled | ▸ Negligence claims | ▸ Patient complaints | ▸ Conduct, competence, or health matters |
| Jurisdictional focus | ▸ Substandard care causing patient harm | ▸ Low-quality care ▸ Patient dissatisfaction with care | ▸ Professional misconduct ▸ Performance or competence falling below professional standards ▸ Ill-health, substance misuse, or impairment |
| Procedures used | ▸ Out-of-court negotiation ▸ Alternative forms of dispute resolution (eg, mediation, arbitration) ▸ Trials before judges | ▸ Early resolution ▸ Conciliation ▸ Investigation | ▸ Review of doctor's competence or health status ▸ Investigation ▸ Disciplinary charges |
| Remedies | ▸ Monetary damages | ▸ Communication (eg, facilitate apology or explanation) ▸ Restoration (eg, facilitate provision of further treatment, fee forgiveness, monetary settlement) ▸ Correction (eg, recommend system change) | ▸ Correction (eg, requirement that practitioner undergo education, rehabilitation, monitoring etc) ▸ Sanction (eg, suspension or revocation of practice licence*) |
*Typically, such sanctions are imposed by external administrative tribunals in proceedings initiated by the Medical Board of Australia.