Trivial, Frivolous and Vexatious Complaints Policy

1. Purpose

This Policy establishes a structured, consistent and transparent framework for:

• Identifying trivial, frivolous (misconceived), and vexatious complaints
• Managing such complaints in a manner that:
  • Protects animal welfare and public interest
  • Ensures procedural fairness to veterinarians
  • Maintains confidence in the complaints process

This policy has been informed by AHPRA’s framework for vexatious notifications, which recognises that vexatious complaints are typically without substance and made with intent to cause harm [1].

2. Scope

This Policy applies to:

• All complaints received by the VSRBSA regarding:
  • Registered veterinarians
  • Veterinary services and conduct
• All staff and decision-makers involved in complaint handling

3. Legislative Context

This Policy supports the objectives of the Veterinary Services Act 2023 (SA), including:

• Maintaining high standards of competence and conduct
• Protecting animal health, safety and welfare and the public interest [2]

4. Definitions

4.1 Trivial Complaint

A complaint that:

• Raises minor issues
• Does not involve professional misconduct, competence, or animal welfare risk
• Has no regulatory purpose

4.2 Frivolous / Misconceived Complaint

A complaint that:

• Lacks substance or evidence
• Is based on misunderstanding of:
  • Veterinary practice standards
  • Expected clinical outcomes
• Does not warrant regulatory action

4.3 Vexatious Complaint

A complaint that:

• Is without substance, and
• Is made with the intent to cause distress, detriment, or harassment to a veterinarian [3]

5. Guiding Principles

The Board will:

1. Prioritise animal welfare and public safety
2. Maintain accessibility for genuine complaints
3. Distinguish between:
   1. Lack of merit and
   1. Malicious intent
4. Act proportionately and efficiently
5. Ensure procedural fairness
6. Minimise unnecessary burden on veterinarians

6. Identification Framework

6.1 Indicators of Trivial or Frivolous Complaints

A complaint may be trivial or frivolous where it involves:

• Dissatisfaction with fees (without misconduct)
• Poor communication without adverse outcome
• Expected clinical risks or unsuccessful treatment outcomes
• Lack of evidence or factual detail
• Misunderstanding of veterinary standards
• Previously investigated issues without new evidence

6.2 Indicators of Potentially Vexatious Complaints

Indicators may include:

Intent indicators

• Language suggesting revenge, punishment or harassment

Behavioural indicators

• Repeated complaints against same practitioner without new evidence
• Escalating or inconsistent allegations
• Refusal to engage constructively

Evidentiary indicators

• False, misleading, or contradictory claims
• Fabricated or manipulated documentation

Pattern indicators

• Serial complaints across practitioners or agencies

6.3 Decision Threshold

A complaint may be classified as vexatious where:

• It lacks substance, AND
• There is credible evidence of intent to harass or harm

7. Complaint Handling Process

7.1 Stage 1 – Intake and Triage

• Record complaint
• Assess:
  • Risk to animal welfare
  • Public safety
  • Substance of allegations

7.2 Stage 2 – Preliminary Assessment

• Determine whether complaint:
  • Raises regulatory concern
  • Is trivial or misconceived
  • Shows indicators of vexatiousness

7.3 Stage 3 – Outcome Determination

A. Trivial complaints

• Closed with no further action
• Explanation provided to complainant

B. Frivolous / Misconceived complaints

• Dismissed with reasons
• Provide guidance or referral where appropriate

C. Vexatious complaints

• Formally classified and recorded
• Closed without investigation (unless risk identified)

8. Management of Vexatious Complaints

8.1 Actions Available to the Board

• Decline to investigate
• Limit engagement with notifier
• Require written communication only
• Refuse repeat complaints without new evidence

8.2 Management of Persistent or Unreasonable Notifiers

• Issue formal warning
• Implement communication protocols
• Monitor repeat conduct patterns

8.3 Safeguards

• No complaint will be dismissed if any credible animal welfare risk exists
• Complaints may be reopened if new evidence emerges

9. Practitioner Safeguards

The Board will:

• Minimise unnecessary investigation where complaints lack substance
• Avoid requiring responses from veterinarians in clearly trivial/vexatious matters
• Finalise such complaints promptly
• Recognise that complaints can be distressing and disruptive

10. Documentation and Governance

• All decisions must be:
  • Documented
  • Evidence-based
  • Consistent with this Policy
• Maintain records of:
  • Indicators relied upon
  • Decision rationale
• Regular internal audits and training to ensure consistency

11. Monitoring and Reporting

The Board will monitor:

• Number of:
  • Trivial complaints
  • Frivolous complaints
  • Vexatious complaints
• Repeat complainants
• Time to resolution

12. Review

This Policy will be reviewed every 3 years or earlier if:

• Legislative changes occur
• Significant issues arise in application