Victorian Disability Services Commissioner

What types of complaints can you make?

The DSC can look into complaints about:

• disability services funded in Victoria by DFFH, TAC or WorkSafe, if the service provider is registered by the Social Services Regulator (found here)
• disability advocacy services funded in Victoria by DFFH (found here)

You can complain about:

• Poor or inadequate support: when staff don’t provide agreed care, supervision, or daily living support.
• Feeling unsafe in services: when a provider fails to protect you from violence, bullying, or unsafe environments.
• Lack of information or choice: when providers don’t explain changes, fees, or options that affect you.
• Abuse, neglect, or exploitation: including physical or sexual abuse, rough handling, neglect of basic needs, or financial exploitation.
• Discrimination: if you are treated unfairly or excluded because of disability or another personal attribute.
• Privacy breaches: if your personal or health information is shared or mishandled without consent.
• Denied access to records: when you or your authorised representative are refused access to your own service information.
• Serious incidents or injuries: such as major harm, accidents, violence, or critical incidents in services.
• Poor handling of complaints by providers: if a provider ignores or fails to deal properly with your complaint.
• Systemic or widespread issues: patterns of poor practice or unsafe policies that affect many clients.
• Lack of dignity and respect: being spoken to rudely, ignored, or excluded from decisions about your care.
• Deaths in care: where concerns exist about the quality of care before a person with disability died in a DFFH-funded disability service. The DSC has specific authority to review and investigate these deaths even if no complaint is made, to improve safety and prevent future harm.

The DSC cannot take complaints about:

• Services funded solely under the NDIS, including providers, coordinators or plan managers.
• The NDIA’s management of NDIS plans (budgets, approvals or reviews).
• Informal or private supports not funded by DFFH, TAC or WorkSafe.
• Services outside Victoria.
• Issues relating only to health, aged care, housing or education (unless directly part of a funded disability service).
• Staff employment conditions (like pay or rosters) unless they directly affect client services.
• Services delivered before the DSC had jurisdiction (July 2007) or before DFFH, TAC or WorkSafe funding applied, unless the issues continue to affect the person now.
• Cases where the provider no longer exists or cannot be identified.

Time limits:

You should complain as soon as possible. DSC may decline to consider matters that happened more than 12 months ago, but all complaints will still be assessed to see if action can be taken.

Discretion:

If DSC cannot take your complaint, they will try to refer you to the most appropriate body (“no wrong door” approach).

The Commissioner can also start an investigation on their own if evidence shows systemic failures (such as widespread neglect or poor cultural safety), even without an individual complaint.

Who can you make a complaint against?

You can complain to the DSC about:

• Disability service providers: organisations funded by DFFH, TAC or WorkSafe to deliver services.

The DSC cannot deal with complaints about:

• NDIS services: these must go to the NDIS Quality and Safeguards Commission.
• NDIA (the agency that runs the NDIS): complaints about access, plans, or funding go to the NDIA or the Commonwealth Ombudsman.
• Centrelink or the Disability Support Pension: handled by Services Australia or the Commonwealth Ombudsman.
• Disability Employment Services (DES): handled by the Department of Employment and Workplace Relations.
• Department of Social Services (DSS): Handles complaints about Commonwealth-funded disability programs such as the Employment Assistance Fund (EAF), National Disability Recruitment Coordinator (NDRC), Complaints Resolution and Referral Service (CRRS) and the National Disability Abuse and Neglect Hotline. For Victorian agencies such as the TAC, DFFH or WorkSafe Victoria, complaints should go directly to those bodies. You can also take complaints about those three agencies to the Victorian Ombudsman. Complaints to the DSS relate to Commonwealth-funded programs and are outside the DSC’s scope.
• Home and Community Care (HACC) services: these services are separate from DSC's remit.
• Companion Card Program: handled by the program administrator.
• Health or hospital services: unless part of a DFFH- or TAC-funded disability program (otherwise go to the Health Complaints Commissioner or AHPRA).
• Education providers: schools, TAFEs, or universities (unless directly linked to a funded disability service).

Are you eligible to make a complaint?

Anyone can make a complaint to the DSC including:

• people with disability,
• family members or friends,
• carers,
• staff or advocates, and
• members of the community.

Do you need to complain to the provider first?

You don’t have to, but it is encouraged. Service providers are expected to have their own complaints process and may be able to resolve the issue quickly. If you feel unsafe, are not confident, or are unhappy with their response, you can go straight to the DSC.

You can also call the DSC before making a complaint to check if they are the right body and to get advice. You don’t need evidence at this stage — just sharing your concern is enough.

Complaints on behalf of someone else:

Yes. You can make a complaint for another person, but the DSC will try to confirm with them directly (where possible) that they agree to the complaint. The DSC’s focus is always on the person with disability and involving them in the process.

Limits:

The DSC may refuse or stop dealing with a complaint if:

• it is made on someone’s behalf without valid consent or authority (unless there is a clear risk of harm),
• it is malicious, vexatious, or not made in good faith,
• it is too vague or lacks enough detail to act on (for example, some anonymous complaints), or
• it is a repeat complaint with no new information.

What can this body do to help?

The DSC can take different steps to help resolve your complaint, depending on the situation. Outcomes may include:

• Acknowledgement: your concerns are listened to and recognised by the service provider.
• Answers: an explanation of what happened and why.
• Actions: changes to improve the service or fix the problem.
• Apology: a genuine apology from the provider.
• Conciliation: a meeting where you, the service provider, and the DSC work together to reach an agreement.
• Investigations: if the issue is serious, systemic, or conciliation fails, the DSC can investigate. They can require documents and information, visit services without notice, and ensure that anyone who provides information to the DSC is protected from penalty or self-incrimination when acting in good faith, before deciding whether the complaint is justified. At the end of an investigation, the Commissioner decides whether the complaint was justified. If so, they may issue a Notice to Take Action requiring the provider to make specific changes.‍
• Notice to Take Action: the DSC can direct a provider to make specific changes.‍
• Reports to Parliament: for serious or systemic issues, the DSC may report findings and recommendations to the Minister for Disability and the Secretary to DFFH, and can table de-identified reports in Parliament.

The DSC cannot:

• order compensation or damages,
• take disciplinary action against individual workers,
• make binding legal rulings,
• act as an advocate or lawyer,
• decide who can access disability services,
• review NDIS or NDIA decisions, or
• resolve workplace disputes about staff employment.

How to prepare your complaint:

When making a complaint, it helps to include as much clear and relevant information as you can. The DSC will treat your details as confidential and use them only for resolving the complaint.

What to include:

• Your personal details (name and contact information). You can remain anonymous, but the more information you provide, the more DSC can do.
• Information about the service provider (name, address, contact details, and staff involved).
• Relevant facts: dates, times, places, what happened, who was involved, the impact on you, and what you would like to see happen.
• Any steps you’ve already taken to resolve the issue.

Other important points:

• You can withdraw your complaint at any time. If DSC thinks you withdrew because of pressure, threats, or safety concerns, they may continue handling it.
• It is an offence to threaten or intimidate a person who wishes to make a complaint. The service provider must take steps to safeguard your right to complain, and the DSC will act if you are pressured or victimised for doing so.
• Information you give is protected under privacy laws.
• Do not include false or misleading information. It’s fine to say if you don’t have certain details.

Lodging your complaint and next steps:

How to lodge:

• Online: via the DSC complaint form
• Phone: 1800 677 342
• Post or in person: Level 1, 2 Lonsdale Street, Melbourne

What happens next:

• Your complaint will be acknowledged and the DSC will confirm which issues they can deal with and what outcomes you’re seeking.
• The complaint will then be assessed. This usually includes:
  • talking with you to understand the issues and possible solutions,
  • reviewing documents and evidence,
  • contacting the service provider for their response, and
  • discussing their response with you to work towards resolution.
• Most complaints are resolved at this stage. If not, the DSC may:
  • conciliate the complaint,
  • investigate further,
  • refer the matter to another body,
  • decide no further action is possible, or
  • give advice to the provider.
• If the complaint suggests criminal conduct, the DSC will refer it to Victoria Police.

Other information:

• All complaints are handled confidentially.
• The process is free, and you can withdraw your complaint at any time.
• Assessment can take up to 90 days.
• Keep the DSC updated about any changes to your situation.
• Free interpreters are available.
• The DSC does not provide advocacy, but you can find advocacy service at Ask Izzy.

More information:

Refer to the factsheet provided below for more information.