Denied by the Health Ombudsman

2nd April 2025

Dear Ms Stevens,

I am writing to you about your complaint of 21 March 2025 about Queensland Health.

As a delegate of the Health Ombudsman, I have carefully reviewed the information you provided. The Health Ombudsman Act 2013 sets out the functions and limits of what the Office of the Health Ombudsman (OHO) can do. The Act identifies that the OHO’s key focus is managing risks to public health and safety that arise from health services or health service providers in Queensland. For this reason, among other things we look at the severity of the matter, the potential risk that it poses and whether it meets the threshold for the OHO or another agency to take action. If regulatory action is not justified, we will also consider if further assistance should be provided to resolve the complaint. 

Decision

I have decided to take no further action on your complaint for the following reasons:

• I acknowledge that you are raising concerns about Queensland Health's (the provider) failure to act on the health impacts of exposure to Agent Orange through second-generation victims.

• On review of the concerns, I do not consider the matter requiring a further review by the OHO. It is not the OHO position to review why a policy regarding a particular has not been developed. It is the position of the OHO that it may review a policy that has been developed as to its impact on the delivery of healthcare to the general public.

• Concerns about the formation of a policy regarding exposure to second-generation victims are more appropriately directed to entities whom have oversight over the development and implementation of such policies, which may be your local Member of Parliament or the Health Minister. I would encourage you to provide your feedback to these entities.

• Whilst I appreciate your concern, I am of the view there is currently no requirement for OHO intervention.

I made this decision under s44(1)(a)(ii) of the Act.

Even though your complaint will now be closed, it will be kept on record to help identify patterns of behaviour, complaint trends, widespread health system issues and ways to promote professional, safe and competent practice by health practitioners.

Conclusion

I appreciate the matter remains of concern to you and I acknowledge this is not the outcome you were seeking. If you believe my decision is not correct, I encourage you to call the OHO on 07 3158 1033 and ask to speak with me so I can provide more detail as to how I reached my decision and answer any queries you may have.

Alternatively, you can reply to this email or view further information at www.oho.qld.gov.au. 

If you would like to request a review of this matter it will need to be directed to the Queensland Ombudsman.

The Queensland Ombudsman investigates complaints made about administrative actions of Queensland state government departments, local councils and public authorities, including the OHO. It is not the role of the Queensland Ombudsman to conduct a fresh investigation of the complaint you made to the OHO, evaluate medical evidence or form medical opinions. The Queensland Ombudsman’s role is limited to a review of the administrative actions and decisions of the OHO in handling your health service complaint.

Information about making a complaint to the Queensland Ombudsman is available at www.ombudsman.qld.gov.au

Yours sincerely

Senior Complaints and Operations Officer

Delegate for the Health Ombudsman